Minehan v R [2010] NSWCCA 140

Reported Decision: 201 A Crim R 243

New South Wales Court of Criminal Appeal

CITATION: Minehan v R [2010] NSWCCA 140

HEARING DATE(S): 13 May 2010

JUDGMENT DATE: 7 July 2010

JUDGMENT OF: Macfarlan JA at 1; Johnson J at 2; RA Hulme J at 3

Leave to rely upon ground 3 granted. Leave to appeal granted. Appeal allowed. Sentences in respect of each of counts 1 to 5 confirmed. Sentences imposed in respect of counts 6 to 9 quashed and in lieu the following sentences be imposed: Count 7: Sentenced to imprisonment comprising a non-parole period of 1 year 6 months and a balance of the term of 6 months. The sentence to commence 15 December 2008. The non-parole period will expire 14 June 2010. The total term will expire 14 December 2010. DECISION: Count 8: Sentenced to imprisonment comprising a non-parole period of 1 year 9 months and a balance of the term of the sentence of 7 months. The sentence to commence 15 April 2009. The non-parole period will expire 14 January 2011. The total term will expire 14 August 2011. Count 6: Sentenced to imprisonment for 3 years from 15 October 2009 and expiring 14 October 2012. Count 9: Sentenced to imprisonment for 3 years from 15 February 2010 and expiring 14 February 2013. In respect of counts 6 and 9, set a non-parole period of 1 year 5 months dating from 15 October 2009 and expiring 14 March 2011.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - grounds for interference - child pornography - using carriage service in offensive manner and to groom person under 16 for sex - error as to maximum penalty - whether error as to treatment of offender's mental condition - whether moral culpability reduced - whether sentence manifestly excessive