NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v SJH [2010] NSWCCA 32
HEARING DATE(S): 9 February 2010
JUDGMENT DATE: 13 May 2010
JUDGMENT OF: Grove J at 1; Simpson J at 2; RA Hulme J at 3
DECISION: Appeal allowed. Re-sentenced to an aggragate of 12 years with non-parole period of 8 years.
CATCHWORDS: CRIMINAL LAW - sentence - Crown appeal - multiple child sexual assault offences over six year period - totality principle - whether error in concurrent sentences
LEGISLATION CITED: Crimes Act 1900 Crimes (Appeal and Review) Act 2001
CATEGORY: Principal judgment
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Johnson v The Queen [2004] HCA 15; (2004) 205 ALR 346 Mottram v R [2009] NSWCCA 210 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v Carroll [2010] NSWCCA 55 R v JW [2010] NSWCCA 49 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v MMK [2006] NSWCCA 272; 164 A Crim R 481 R v Mulato [2006] NSWCCA 282
PARTIES: Regina (Applicant) SJH (Respondent)
FILE NUMBER(S): CCA 2009/2700
COUNSEL: Ms M Cinque (Applicant) Mr M Paish (Respondent)
SOLICITORS: Solicitor for Public Prosecutions Chris Outzen Solicitor
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/2700
LOWER COURT JUDICIAL OFFICER: English DCJ
LOWER COURT DATE OF DECISION: 7 October 2009
IN THE COURT OF CRIMINAL APPEAL 2009/2700
GROVE J SIMPSON J R A HULME J
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