NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Green v R [2008] NSWCCA 112
HEARING DATE(S): 13 May 2008
JUDGMENT DATE: 28 May 2008
JUDGMENT OF: Beazley JA at 1; Johnson J at 2; McCallum J at 43
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: SENTENCING - aggravated sexual intercourse without consent and aggravated indecent assault - offender a senior church elder - 12-year old victim - gross breach of trust - sentences not manifestly excessive
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v BJW (2000) 112 A Crim R 1 CASES CITED : R v Ball [2001] NSWCCA 352 Ryan v The Queen [2001] 206 CLR 267
PARTIES: James Richard Green (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/3115
COUNSEL: Mr J Conomos (Applicant) Mr L Lamprati SC (Respondent)
SOLICITORS: Valenti & Valenti (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3013
LOWER COURT JUDICIAL OFFICER: Her Honour Judge Flannery SC
LOWER COURT DATE OF DECISION: 22 June 2007
LOWER COURT MEDIUM NEUTRAL CITATION: ---
IN THE COURT OF CRIMINAL APPEAL 2007/3115
BEAZLEY JA JOHNSON J McCALLUM J
28 May 2008 JAMES RICHARD GREEN v REGINA Judgment 1 BEAZLEY JA: I agree with Johnson J. 2 JOHNSON J: The Applicant, James Richard Green, seeks leave to appeal against sentences imposed on 22 June 2007 in the Sydney District Court by her Honour Judge Flannery SC with respect to three counts of aggravated sexual intercourse without consent (s.61J(1) Crimes Act 1900 - maximum penalty imprisonment for 20 years) and one count of aggravated indecent assault (s.61M(1) Crimes Act 1900 - maximum penalty seven years' imprisonment). Sentences were imposed following the Applicant's conviction by a jury on 24 May 2007. No appeal is brought with respect to conviction. 3 The total effective sentence passed comprises a non-parole period of two years expiring on 21 June 2009 with a balance of term of one year expiring on 21 June 2010. Her Honour made an order under s.50 Crimes (Sentencing Procedure) Act 1999 directing the release of the Applicant on parole at the end of the non-parole period on 21 June 2009.
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