BP v R; R v BP [2010] NSWCCA 303

New South Wales Court of Criminal Appeal

CITATION: BP v R; R v BP [2010] NSWCCA 303

HEARING DATE(S): 10 September 2010

JUDGMENT DATE: 13 December 2010

JUDGMENT OF: Hodgson JA at 1; Price J at 142; Fullerton J at 143

On the appeal against conviction: Appeal against conviction dismissed. On the Crown appeal against sentence: 1. The Crown appeal against sentence be allowed in part. DECISION: 2. The sentence imposed on count 11 is confirmed. 3. The sentences imposed on counts 2, 8 and 10 are quashed and in lieu thereof the following sentences are imposed: On count 10 a term of imprisonment of 2 years to commence on 13 November 2009 and to expire on 12 November 2011, with a non-parole period of 12 months to date from 13 November 2009 and to expire on 12 November 2010. On count 8 a term of imprisonment of 2 years to commence on 13 March 2010 and to expire on 12 March 2012, with a non-parole period of 12 months to date from 13 March 2010 and to expire on 12 March 2011. On count 2 a term of imprisonment of 3 years to commence on 13 September 2010 and to expire on 12 September 2013, with a non-parole period of 15 months to date from 13 September 2010 and to expire on 12 December 2011.

CATCHWORDS: CRIMINAL LAW – Appeal against conviction – Sexual offences alleged by different complainants against same accused – Tendency evidence – Coincidence evidence – Whether separate trials should have been ordered – Whether significant probative value – Whether probative value substantially outweighed prejudicial effect – Risk of concoction or contamination of evidence – Whether errors in directions to jury. - CRIMINAL LAW – Crown appeal against sentence – Several sexual offences against minors – Whether sentencing judge erred in imposing individual sentences and/or in failure to partially accumulate – Whether aggregate sentence manifestly inadequate.