RJA v R [2008] NSWCCA 137

Reported Decision: 185 A Crim R 178

New South Wales Court of Criminal Appeal

CITATION: RJA v R [2008] NSWCCA 137

HEARING DATE(S): 10 June 2008 JUDGMENT OF: Spigelman CJ at 1; Price J at 59; McCallum J at 60

EX TEMPORE JUDGMENT DATE: 10 June 2008

1 The sentences are quashed. 2 The following sentences are imposed: DECISION: Count 1 – Imprisonment for a non-parole period of 12 years to commence on 18 August 2006 and expire on 17 August 2018 with a balance of term of 4 years to commence on 18 August 2018 and to expire on 17 August 2022. Count 3 – Imprisonment for a non-parole period of 6 years to commence on 18 August 2012 and expire on 17 August 2018 and a balance of term of 2 years to expire on 17 August 2020. Count 4 – Imprisonment for a non-parole period of 10 years to commence on 18 August 2009 and conclude on 17 August 2019 and a balance of term of 4 years to commence on 18 August 2019 and conclude on 17 August 2023.

CATCHWORDS: Criminal law – Sentence – Statutory aggravating factors – Double counting of age of victim – Crimes (Sentencing Procedure) Act 1999, s 21A. - Criminal law – Sentence – Standard non-parole period – Middle range of objective seriousness – Degree of penetration – Sexual assault of child under 10 years – Crimes Act 1900, s 66A. - Criminal law – Sentence – Statutory mitigating factors – Risk of re-offending – Crimes (Sentencing Procedure) Act 1999, s 21A. - Criminal law – Sentence – Whether error in greater sentence for less serious offence

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Daniels v R [2007] NSWCCA 372 Hughes v R [2008] NSWCCA 48 JAH v R [2006] NSWCCA 250 CASES CITED : MLP v The Queen [2006] NSWCCA 271; (2006) 164 A Crim R 93 R v AJP [2004] NSWCCA 434; (2004) 150 A Crim A 575 R v Pearce [1998] HCA 57; (1998) 194 CLR 610 R v Tadrosse [2005] NSWCCA 145; (2005) 65 NSWLR 740 Shannon v R [2006] NSWCCA 39