REGINA v Phillip Ronald SPIERS [2008] NSWCCA 107

New South Wales Court of Criminal Appeal

CITATION: REGINA v Phillip Ronald SPIERS [2008] NSWCCA 107

HEARING DATE(S): 12 March 2008

JUDGMENT DATE: 23 May 2008

JUDGMENT OF: Giles JA at 1; Adams J at 49; Latham J at 52

DECISION: (1) Appeal allowed. (2) Set aside the sentences imposed in the District Court and in lieu thereof sentence the respondent – (a) for the kidnapping offence, imprisonment for a non-parole period of 6 years 9 months commencing on 29 October 2007 and a further term of 2 years 3 months; (b) for the offence of administering a stupefying drug, to imprisonment for a non-parole period of 7 years 6 months commencing on 29 January 2008 and a further term of 2 years 6 months; (c) for the offence of aggravated sexual assault, to imprisonment for a non-parole period of 8 years commencing on 29 October 2008 and a further term of 3 years. The overall sentence is a non-parole period of 9 years and a total sentence of 12 years. The earliest date of eligibility for parole is 28 October 2016.

CATCHWORDS: Sentencing - Crown appeal - kidnapping, administering stupefying drug and aggravated sexual assault - whether sentence manifestly inadequate - failure fully to assess objective criminality - regard to remorse and concern about apprehension - failure sufficiently to recognise general deterrence - insufficient increase for Form 1 offences - in any event manifestly inadequate - offender resentenced.

Attorney General's Application under Section 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1) of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146; Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321; R v Cage [2006] NSWCCA 304; CASES CITED : R v Hathaway [2005] NSWCCA 368; R v Johnson (CCA, 16 May 1997, unreported); R v Reyes [2005] NSWCCA 218; R v Shorten [2005] NSWCCA 106,