Ollis v R [2011] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ollis v R [2011] NSWCCA 155 Hearing dates: 25 May 2011 Decision date: 14 July 2011 Before: Macfarlan JA at [1] Johnson J at [51] Garling J at [118] Decision: (1) Grant leave to appeal against convictions. (2) Dismiss appeal against convictions. (3) Grant leave to appeal with respect to sentence. (4) The sentence on the first count, being a fixed term of imprisonment for 12 months, is varied to commence on 11 December 2013 and to expire on 10 December 2014. (5) The earliest date upon which the Appellant will be eligible for release on parole is 11 December 2014. Catchwords: CRIMINAL LAW - conviction appeal - whether verdict unreasonable or cannot be supported having regard to the evidence - alleged inconsistencies in complainant's evidence and contradictions between complainant's evidence and other evidence - whether opinion of trial judge and Crown prosecutor that Prasad direction should be given assisted appellant on appeal

CRIMINAL LAW - sentence appeal - failure to make findings as to objective seriousness of offences - failure to give reasons for setting a non-parole period that caused statutory ratio to be exceeded Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Ali v R [2010] NSWCCA 35 Briggs v R [2010] NSWCCA 250 Clarke v R [2009] NSWCCA 49 Corby v R [2010] NSWCCA 146 HJWG v R [2011] NSWCCA 50 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mohamed v R [2008] NSWCCA 45 Perrin v R [2006] NSWCCA 64 R v Dunn [2004] NSWCCA 346 R v McEvoy [2010] NSWCCA 110 R v Prasad (1979) 23 SASR 161 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Russell v R [2010] NSWCCA 248 SKA v The Queen [2011] HCA 13 Category: Principal judgment Parties: Scott John Ollis (Appellant) Regina (Respondent) Representation: Counsel: G Jauncey (Appellant) S Dowling (Respondent) Solicitors: Jack Rigg Solicitors (Appellant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent) File Number(s): CCA 2008/15140 Decision under appeal Citation: R v Scott John Ollis Before: McLauchlan ADCJ and a jury of 12 File Number(s): DC 2008/15140