Ridley v R [2008] NSWCCA 299

New South Wales Court of Criminal Appeal

CITATION: Ridley v R [2008] NSWCCA 299

HEARING DATE(S): 13 November, 2008

JUDGMENT DATE: 13 November 2008

JUDGMENT OF: Bell JA at 12; Blanch J at 1; Hall J at 14

EX TEMPORE JUDGMENT DATE: 13 November 2008

DECISION: Leave to appeal granted. Appeal against severity of sentence be allowed. Sentence imposed in the District Court quashed. In lieu, sentence to be deferred on condition the applicant enter into a bond under s9 Crimes (Sentencing Procedure) Act, 1999 to be of good behaviour for a period of three years with no order as to supervision.

Crimes Act, 1900, s73(2) LEGISLATION CITED: Criminal Appeal Act, 1912, s6(3) Crimes (Sentencing Procedure) Act, 1999, s9

CATEGORY: Principal judgment

PARTIES: Colin Ridley (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/11840

COUNSEL: A P Cook SC (Applicant) V Lydiard (Crown)

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

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/31/0233

LOWER COURT JUDICIAL OFFICER: Phegan DCJ

LOWER COURT DATE OF DECISION: 11 April, 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Colin Ridley

IN THE COURT OF CRIMINAL APPEAL

CCA 2007/11840

BELL JA BLANCH J HALL J

13 November, 2008

Colin RIDLEY v Regina

JUDGMENT

1 BLANCH J: The applicant seeks leave to appeal against a sentence imposed in the District Court on 11 April 2008 in respect of one count under s73(2) of the Crimes Act 1900. The charge was: "That he between 1 December 2003 and 31 December 2003 at Port Macquarie in the State of New South Wales did have sexual intercourse with Rebecca Louise Ridley, a person of the age of 17 years and under the age of 18 years, Rebecca Ridley then being in the special care of Colin Ridley."