IS v R [2011] NSWCCA 142

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: IS v R [2011] NSWCCA 142 Hearing dates: 2 March 2011 Decision date: 06 July 2011 Before: Hodgson JA at [1] Adams J at [2] Hall J at [21] Decision: (1) Leave to appeal granted. (2) Appeal against sentence on count 4 allowed. (3) Sentence on count 4 quashed and in lieu thereof the appellant is sentenced to a non-parole period of imprisonment of 7 years from 6 November 2009 to expire on 5 November 2016, and a balance of term of 3 years to expire on 5 November 2019. (4) Appeal otherwise dismissed. (5) The appellant will be eligible for release on parole on 6 November 2016. Catchwords: CRIMINAL LAW - Appeal against sentence - sexual assault - indecent assault - offender father of victim. SENTENCING - absence of special circumstances warranting departure from statutory ratio - sentence imposed erroneously extended non-parole period beyond statutory ratio. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: R v Attard [2004] NSWCCA 376 Category: Principal judgment Parties: IS (Applicant) Regina (Respondent) Representation: Counsel S. Corish (Applicant) C. Maxwell QC (Respondent) Solicitors Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/5456 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-06 00:00:00 Before: Neilson DCJ File Number(s): 2009/11/0872