PWB v R [2011] NSWCCA 84

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PWB v R [2011] NSWCCA 84 Hearing dates: 2 February 2011 Decision date: 04 March 2011 Before: BEAZLEY JA [1] RS HULME J [22] HARRISON J [94] Decision: Orders: 04/03/2011; Reasons: 11/04/2011 (i) Leave to appeal granted. (ii) Allow the appeal. (iii) Quash the sentences imposed by English DCJ on 20 November 2009. (iv) In respect of the first count, sentence the Applicant to imprisonment for a fixed term of 4 months commencing on 20 November 2009. (v) In respect of the third count, sentence the Applicant to imprisonment for a non-parole period of 12 months commencing on 5 March 2010 together with a further term of 12 months commencing on 5 March 2011. (vi) Direct that the Applicant be released on parole on 5 March 2011. Catchwords: Criminal Law - sentence - indecent assault by brother - young victim - significance - offences long ago - offender entitled to be sentenced in accordance with standards then - information as to those standards - significance of rehabilitation. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act, 1999 Probation and Parole Act 1983 Cases Cited: R v ECG [2005] NSWCCA 293 R v Bakewell (Unreported, NSWCCA, 27 June 1996) ASB v R [2007] NSWCCA51; 169 A Crim R 32 Featherstone v R [2008] NSWCCA 71 R v RWB [2010] NSWCCA 147 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 Dousha v R [2008] NSWCCA 263 RH v R [2009] NSWCCA 161 R v Ware (Unreported, NSWCCA, 9 July 1997) R v AJP (2004) 150 A Crim R 575 Quinn v Leathem (1901) AC 495 Texts Cited: Problems and Prejudices for the Sexually Abused Child (2007) 81 ALJ 313 Category: Principal judgment Parties: PWB Regina Representation: Counsel: J Dwyer (Crown) M Thangaraj SC (Applicant) Solicitors: S Kavanagh Solicitor Public Prosecutions Oates & Smith File Number(s): 2009/7460 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-20 00:00:00 Before: English DCJ File Number(s): 2009/7460