DOUSHA, Malcolm Ross v R [2008] NSWCCA 263

New South Wales Court of Criminal Appeal

CITATION: DOUSHA, Malcolm Ross v R [2008] NSWCCA 263

HEARING DATE(S): 30 September 2008

JUDGMENT DATE: 1 December 2008

JUDGMENT OF: Bell JA at 1; Latham J at 2; Fullerton J at 3

1. Leave to appeal is granted. DECISION: 2. The sentence imposed for count 8 is quashed and in substitution the applicant is sentenced to a non-parole period of 1 year to commence on 5 October 2011 and to conclude on 4 October 2012 with an additional term of 5 years and 6 months. 3. The sentences imposed in respect of counts 1 to 7 are confirmed.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - six counts of assault with an act of indecency with a child under 16 years - one count of sexual intercourse with a child above the age of 10 and under the age of 16 - one count of sexual intercourse with a child under 10 years - whether sentencing regime at time of offences resulted in generally lower sentences than presently imposed - specification of non-parole period for offences committed prior to the introduction of Crimes (Sentencing Procedure) Act 1999 - partially accumulated sentence

Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Parole of Prisoners Act 1966 Probation and Parole Act 1983 Sentencing Act 1989

CATEGORY: Principal judgment

AJB v R [2007] NSWCCA 51; 169 A Crim R 32 Bradbury v R [2008] NSWCCA 93 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Clare v R [1984] 2 NSWLR 522 Featherstone v R [2008] NSWCCA 71 GAT v R [2007] NSWCCA 208 Ibbs v The Queen (1987) 163 CLR 447 CASES CITED : Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Cunningham [2006] NSWCCA 176 R v JCW [2000] NSWCCA 209; 112 A Crim R 466 R v Jordan [1983] NSWCCA 254 R v KM [2004] NSWCCA 65 R v Lyne [1982] NSWCCA 84 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v PGM [2008] NSWCCA 172 Ryan v R [2001] HCA 21; 206 CLR 267