HUDSON v R [2008] NSWCCA 90

New South Wales Court of Criminal Appeal

CITATION: HUDSON v R [2008] NSWCCA 90

HEARING DATE(S): 1 April 2008

JUDGMENT DATE: 1 April 2008

JUDGMENT OF: McClellan CJ at CL at [1], [28], [31]; James J at [2]; Hoeben J at [30]

EX TEMPORE JUDGMENT DATE: 1 April 2008

DECISION: Grant an extension of time for leave to appeal. Grant leave to appeal but dismiss the appeal against sentence.

CATCHWORDS: CRIMINAL LAW - Sentencing - aggravated indecent assault - no question of principle

LEGISLATION CITED: Crimes Act Crimes (Sentencing Procedure) Act

CASES CITED : AIS v Regina [2006] NSWCCA 305 R v Morgan (1993) 70 A Crim R 368

PARTIES: HUDSON, Michael Peter v R

FILE NUMBER(S): CCA 2007/2972

COUNSEL: GIO Rowling (Applicant) S M Kluss (Crown)

SOLICITORS: S O'Connor - Legal Aid Commission (Applicant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/31/0169

LOWER COURT JUDICIAL OFFICER: Hulme DCJ

LOWER COURT DATE OF DECISION: 4 May 2007

IN THE COURT OF CRIMINAL APPEAL 2007/2972

McCLELLAN CJ at CL JAMES J HOEBEN J

TUESDAY 1 APRIL 2008 HUDSON, Michael Peter v R Judgment 1 McCLELLAN CJ at CL: The court is in a position to deliver judgment today and I ask Mr Justice James to deliver the first judgment.

2 JAMES J: Michael Peter Hudson applied for an extension of time within which to apply for leave to appeal against sentence and for leave to appeal against the sentence imposed on him in the District Court by his Honour Judge Hulme on 4 May 2007 on one charge of committing an aggravated indecent assault on 22 December 2005 on a girl then aged thirteen years, to whom I will refer as "the victim" or "the complainant". The applicant pleaded guilty to the offence.