NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dungay v R; R v Dungay [2010] NSWCCA 82
HEARING DATE(S): 2 March 2010
JUDGMENT DATE: 13 May 2010
JUDGMENT OF: Giles JA at 1; Hulme J at 133; Latham J at 139
DECISION: (1) Conviction appeal dismissed. (2) Sentence appeal allowed. (3) Set aside the sentences imposed on 26 June 2009, and in lieu thereof sentence the appellant: for the offence of assault occasioning actual bodily harm, to imprisonment for 6 months commencing on 21 January 2008; for the offence of aggravated attempted sexual intercourse, to imprisonment for a non-parole period of 2 years commencing on 21 April 2008 and a further term of 1 year 6 months; and for the offence of robbery in company with wounding, to imprisonment for a non-parole period of 5 years commencing on 21 July 2009 and a further term of 3 years. The overall sentence is an effective non-parole period of 6 years 6 months and further term of 3 years. The appellant will be eligible for parole on 20 July 2014.
CATCHWORDS: CRIMINAL LAW - sexual assault - appeal against conviction - inconsistent verdicts - two charges arising out of the same circumstances - verdicts dependent on jury's acceptance of complainant's evidence - whether finding of guilt on one count inconsistent with acquittal on the other - lengthy deliberation not necessarily indicative of unreasonableness or compromise - whether verdicts unreconcilable - high threshold before inconsistency will be found - verdicts not inconsistent. CRIMINAL LAW - Crown appeal on sentence - assault occasioning actual bodily harm - robbery in company with wounding - aggravated attempted intercourse - whether individual and total sentences manifestly inadequate - whether error in declining to find aggravating factors of gratuitous cruelty and vulnerability of the victim - no error shown - whether finding of mid-range seriousness in error - error shown - subjective features given too much weight - sentencing did not reflect whole of criminality - manifestly inadequate.
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