R v Ronald KING [2009] NSWCCA 117

New South Wales Court of Criminal Appeal

CITATION: R v Ronald KING [2009] NSWCCA 117 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 08/04/2009

JUDGMENT DATE: 23 April 2009

JUDGMENT OF: McClellan CJatCL at 1; Grove J at 1; Howie J at 1

DECISION: 1. The appeal is allowed. 2. The sentence imposed in the District Court is quashed. 3. Taking into account the matters on the Form 1 the respondent is sentenced to a term of imprisonment comprising a non-parole period of 4 years 6 months and a balance of term of 2 years 6 months. The sentence is to date from 28 November 2007. The respondent is eligible for release to parole on 27 May 2012.

CATCHWORDS: Criminal Law - Crown appeal - Sexual intercourse with child under 10 years - respondent digitally penetrated 4-year old girl - suspended sentence imposed - whether manifestly inadequate - significance of denunciation in sentencing - whether offence low in scale of offending - whether admission by respondent to police warranted "Ellis discount" - significance of matters on Form 1 - whether discretionary reasons to dismiss appeal.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 3A(f), 21A(3)(g) Crimes Act 1900 - s 66A

CATEGORY: Principal judgment

R v MacDonald (NSWCCA, unreported, 12 December 1995) MLP v R [2006] NSWCCA 271; 164 A Crim R 93 Mencarious v R [2008] NSWCCA 237 R v Johnson [2004] NSWCCA 140 R v Hibbert [2009] NSWCCA 20 CASES CITED : R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575 R v MJR (2002) 54 NSWLR 368 R v Borkowski [2009] NSWCCA 102 R v Ellis (1986) 6 NSWLR 603 S v R [2008] NSWCCA 186 R v Zamagias [2002] NSWCCA 17