AAT v R [2011] NSWCCA 17

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AAT v R [2011] NSWCCA 17 Hearing dates: 9 February 2011 Decision date: 21 February 2011 Before: McClellan CJ at CL at [1] Buddin J at [2] Schmidt J at [48] Decision: 1. Leave to appeal is granted and the appeal is allowed. 2. The sentences imposed in the District Courts are quashed and the following sentences are substituted: (a) in respect of count 2, the applicant is sentenced to a non-parole period of 3 years 3 months to commence on 13 March 2009 with a balance of term of 2 years imprisonment; (b) in respect of count 3, and taking into account the Form 1 matter, the applicant is sentenced to a non-parole period of 3 years 3 months to commence on 13 September 2009 with a balance of term of 2 years imprisonment; (c) in respect of count 1, and taking into account the Form 1 matter, the applicant is sentenced to a non-parole period of 4 years 3 months to commence on 13 June 2010 with a balance of term of 2 years imprisonment which will expire on 12 September 2016; (d) in respect of count 4, the applicant is sentenced to a fixed term of 12 months imprisonment to commence on 13 June 2012; (e) in respect of count 5, the applicant is sentenced to a fixed term of 6 months imprisonment to commence on 13 December 2012. 3 The applicant will be eligible for release on parole on 12 September 2014. Catchwords: CRIMINAL LAW – appeal against sentence – various offences of sexual intercourse with a person under the age of 10 – offences of producing child pornography and using the internet to access child pornography - whether sentencing judge erred in treating offences as falling into the "worst category of case" – whether sentencing judge erred in relation to discount permitted for pleas of guilty and assistance to the authorities Legislation Cited: Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Dolman v R [2010] NSWCCA 137 Eedens v R [2009] NSWCCA 254 Glover v The Queen (2009) 193 A Crim R 292 MLP v R (2006) 164 A Crim R 93 Pearce v The Queen (1998) 194 CLR 610 R v AJP (2004) 150 A Crim R 575 R v Davis [1999] NSWCCA 15 R v Schodde (2003) 142 A Crim R 307 R v Simpson (2001) 53 NSWLR 704. R v Way (2004) 60 NSWLR 168 R v Woods (2009) 195 A CrimR 173 SZ v The Queen (2007) 168 A Crim R 249 Category: Principal judgment Parties: AAT (Applicant) Regina (Respondent Representation: Counsel: S Odgers SC/A Goldsworthy (Applicant) J Pickering (Crown) Solicitors: Tully & Co (Applicant) S Kavanagh (Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/105363; 2009/116896; 2009/151790; 2009/264115 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-06-03 00:00:00 Before: Finnane DCJ File Number(s): 2009/105363; 2009/116896; 2009/151790; 2009/264115