Stephens v R [2010] NSWCCA 93

New South Wales Court of Criminal Appeal

CITATION: Stephens v R [2010] NSWCCA 93

HEARING DATE(S): 2nd October 2009

JUDGMENT DATE: 5 May 2010

JUDGMENT OF: Latham J at 1; Fullerton J at 2; Schmidt J at 79

1. Leave to appeal is granted 2. The appeal is allowed in part DECISION: 3. The sentences imposed on counts 1 and 2 are confirmed 4. The sentence on count 3 is quashed and in lieu, a non parole period of 5 years is imposed, to date from 14 January 2014, expiring 13 January 2019, with a balance of term expiring 13 January 2025. 5. The sentence on count 4 is quashed and in lieu, a non parole period of 4 years is imposed, to date from 14 January 2015, expiring 13 January 2019, with a balance of term expiring 13 January 2023. 6. The applicant is eligible for release to parole on 14 January 2019.

CATCHWORDS: CRIMINAL LAW - SENTENCING - Appeal against the severity of sentences imposed in District Court - aggravated detain for advantage contrary to s 86(2)(b) of the Crimes Act1900 - aggravated sexual assault contrary to ss 61I and 61J(1) of the Crimes Act - take and drive conveyance contrary to s 154A(1)(a) of the Crimes Act – - s 54A of the Crimes (Sentencing Procedure) Act 1999 – whether objective seriousness of act within mid range - R v Way [2004] NSWCCA 131 - 60 NSWLR 168 – whether sentence for aggravated kidnapping was manifestly excessive – whether three counts of aggravated sexual assault were offences of the worst type – whether approach to the calculation of sentence contrary to Markarian v R [2005] HCA 25 - 228 CLR 357 by failing to afford sufficient weight to the applicant's subjective circumstances – whether sentence is manifestly excessive by breaching the principle of totality -