Majid v R [2010] NSWCCA 121

New South Wales Court of Criminal Appeal

CITATION: Majid v R [2010] NSWCCA 121

HEARING DATE(S): 31 May 2010

JUDGMENT DATE: 11 June 2010

JUDGMENT OF: Simpson J at 1; Johnson J at 2; McCallum J at 71

1. Leave to appeal against sentence granted. DECISION: 2. Sentence of imprisonment on the second count quashed and, in its place, the Applicant is sentenced to a non-parole period of 10 years commencing on 13 October 2008 and expiring on 12 October 2018 with a balance of term of three years and four months commencing on 13 October 2018 and expiring on 12 February 2022. 3. Appeal dismissed with respect to sentences imposed on Counts 1 and 3. 4. The earliest date upon which the Applicant will be eligible for release on parole remains 12 October 2018.

CATCHWORDS: CRIMINAL LAW - sentence following trial - aggravated sexual intercourse without consent (two counts) and detain for advantage - sexual assaults committed by restaurant manager against 15-year old employee - non-compliance with s.44 Crimes (Sentencing Procedure) Act 1999 concerning one count - claim that insufficient weight given to offender's post-traumatic stress disorder, late expression of remorse and protective custody - whether sentences manifestly excessive - sentence varied to comply with s.44 - otherwise no error established and appeal dismissed

Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

CATEGORY: Principal judgment

Itaoui v R [1005] NSWCCA 415; 158 A Crim R 233 Hejazi v R [2009] NSWCA 282 Stephens v R [2009] NSWCCA 240 R v Baker [2000] NSWCCA 85 Ryan v R [2009] NSWCCA 183 CASES CITED : Cao v R [2010] NSWCCA 109 R v Stafrare (1977) 96 A Crim R 452 R v Winchester (1992) 58 A Crim R 345 R v Durocher-Yvon [2003] NSWCCA 299; 58 NSWLR 581 Clinton v R [2009] NSWCCA 276 R v Jarrold [2010] NSWCCA 69 Markarian v The Queen [2005] HCA 25; 228 CLR 357