Graham v R [2008] NSWCCA 174

Appeal Outcome: Special leave dismissed by the High Court - 5 December 2008

New South Wales Court of Criminal Appeal

CITATION: Graham v R [2008] NSWCCA 174

HEARING DATE(S): 10 June 2008

JUDGMENT DATE: 28 July 2008

JUDGMENT OF: Spigelman CJ at 1; Price J at 2; McCallum J at 55

DECISION: (i) Leave to appeal be granted. (ii) The appeal against the convictions be dismissed. (iii) In relation to the sentence appeal, quash the sentence imposed by the Judge on count 6. (iv) Sentence the appellant on count 6 to imprisonment for a non-parole period of 6 years 5 months to date from 19 June 2006 and expire on 18 November 2012 and a balance of term of 3 years 1 month expiring on 18 December 2015. The earliest date on which the appellant will be eligible for release to parole is 18 November 2012.

CATCHWORDS: Criminal law - conviction and sentence appeal - sexual crimes - different jury verdicts - jury verdicts not unreasonable - proper allowance not made for special circumstances

Crimes Act 1900 s 61I, s 61P LEGISLATION CITED: Criminal Appeal Act 1912 s 6(1), s 6(3) Crimes (Sentencing Procedure) Act 1999 s 44(2)

CATEGORY: Principal judgment

M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 CASES CITED : Mulato v Regina [2006] NSWCCA 282 R v Isaacs (1997) 41 NSWLR 474 R v Johnson [2004] NSWCCA 140

PARTIES: Graham Regina

FILE NUMBER(S): CCA 2006/5186

COUNSEL: T Game SC (Applicant) D Woodburne (Respondent)

SOLICITORS: S O'Connor Legal Aid Commission S Kavanagh Solicitor for Public Prosecutions