NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bonwick v R [2010] NSWCCA 177 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 August 2010
JUDGMENT DATE: 2 September 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 2; Davies J at 3
DECISION: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentences imposed in the District Court. (4) Sentence the Appellant as follows - Count 2: Appellant to enter a bond to be of good behaviour for 12 months commencing 3 November 2009 - Count 3: Appellant is sentenced to a fixed term of imprisonment for 3 months commencing on 3 November 2009 and expiring on 2 February 2010. Count 4: Appellant is sentenced to a non-parole period of 9 months to commence on 3 November 2009 and to expire on 2 August 2010 with an additional term of 9 months to commence on 3 August 2010 and to expire on 2 May 2011 - Count 5: Appellant is sentenced to a non-parole period of 12 months to commence on 3 November 2009 and to expire on 2 November 2010 with an additional term of 12 months to commence on 3 November 2010 and to expire on 2 November 2011.
CATCHWORDS: CRIMINAL LAW - sentence - appeal against severity - indecent assault of a child under 16 years - first such offences - offender assessed as borderline mildly retarded - offences could have been dealt with in the Local Court - no regard paid to that principle - whether standard non-parole period displaced consideration of that principle - failure to consider offences separately - sentence manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Ciaron McCullough v R [2009] NSWCCA 94 Collins, Marcus Shane v R [2010] NSWCCA 13 Corby v R [2010] NSWCCA 146 Frigiani v R [2007] NSWCCA 81 HMP v R [2010] NSWCCA 63 MLP v Regina [2006] NSWCCA 271 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Crombie [1999] NSWCCA 297 R v Hanslow [2004] NSWCCA 163 R v Way (2004) 60 NSWLR 168 Regina v AJP (2004) 150 A Crim R 575 Regina v Palmer [2005] NSWCCA 349 Regina v Said El Masri [2005] NSWCCA 167 Walton v R [2009] NSWCCA 243
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