R v Jarrold [2010] NSWCCA 69

New South Wales Court of Criminal Appeal

CITATION: R v Jarrold [2010] NSWCCA 69

HEARING DATE(S): 08/02/2010

JUDGMENT DATE: 3 May 2010

JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 79

1. Appeal is allowed. 2. The sentences imposed in the District Court except that imposed for Count 6 are quashed and the respondent sentenced as follows: Count 1: a fixed term of 12 months to date from 17 September 2009 and to expire on 16 September 2010. Count 2: a fixed term of 8 months to commence on 17 July 2010 and expire on 16 March 2011. DECISION: Count 3: a fixed term of 12 months to commence on 17 March 2011 and expire on 16 March 2012. Count 4: a fixed term of 6 months to date from 17 June 2011 and expire on 16 December 2011 Count 5: a fixed term of 12 months to date from 17 September 2011 and expire on 16 September 2012. Count 7: a fixed term of 8 months to date from 17 September 2012 and to expire on 16 May 2013. Count 8: a term of 3 years 9 months from 17 May 2013. This is made up of a non-parole period of 1 year 10 months to expire on 16 March 2015, being the date upon which the respondent is eligible to be released to parole. There is a balance of term of 1 year 11 months to commence on 17 March 2015.

CATCHWORDS: CRIMINAL LAW - Sentence - Crown appeal - offences of child sexual assault and pronography - whether sentences severally and in totality manifestly inadequate - whether judge erred in taking into account effects of protective custody - whether error in application of discount for guilty pleas - whether established pattern of sentencing for child sexual assault offences in 1970s - whether error in failing to accumulate some sentences - whether error in finding facts