SIMPSON, Peter Francis v R [2009] NSWCCA 297

New South Wales Court of Criminal Appeal

CITATION: SIMPSON, Peter Francis v R [2009] NSWCCA 297

HEARING DATE(S): 2 October 2009

JUDGMENT DATE: 17 December 2009

JUDGMENT OF: Latham J at 1; Fullerton J at 2; Schmidt J at 3

1. The time in which notice of the application for leave to appeal be filed, is extended. 2. Leave to appeal is granted. 3. The appeal is upheld in part and the sentences imposed in relation to the first, second and third counts are quashed. DECISION: 4. In lieu thereof the applicant is sentenced as follows: - On Count 2 - a non-parole period of 2 years, to commence on 5 June 2010 to expire on 4 June 2012, with a balance of term of one year and 9 months, expiring on 4 March 2014. - On Count 3 - a non-parole period of 3 years, to commence on 5 June 2011 and to expire on 4 June 2014 with a balance of term of 2 years 3 months, expiring on 4 September 2016. - On Count 1 - a non-parole period of 3 years imprisonment to commence on 5 June 2014 and to expire on 4 June 2017 with a balance of term of 4 years 6 months, expiring 4 December 2021.

CATCHWORDS: CRIMINAL LAW - appeal against sentence - severity of sentences - child sexual assault offences - six charges - pleas of guilty - errors in application of maximum penalties - whether individual and total sentences manifestly excessive - leave to appeal granted - appeal upheld in relation to error as to maximum penalties for two counts - sentences varied

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Karl Eedens v R [2009] NSWCCA 254 R v AJP [2004] NSWCCA 434; (2004) 150 Crim R 575 CASES CITED : R v CDH [2002] NSWCCA 103 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Vaovasa v R [2007] NSWCCA 223; (2007) 174 A Crim R 116