MH v REGINA [2011] NSWCCA 230

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MH v REGINA [2011] NSWCCA 230 Hearing dates: 13 April 2011 Decision date: 01 November 2011 Jurisdiction: Criminal Before: CAMPBELL JA [1] RS HULME J [4] HOEBEN J [74] Decision: 1. Grant leave to appeal; 2.Grant leave to the Applicant to amend the Notice of Appeal by adding the ground I have numbered (iv); 3. Allow the appeal; 4.Quash the sentences imposed by Hock DCJ on the Applicant on 14 May 2010; 5.In lieu thereof sentence the Applicant as follows:- (i) In the case of count 4, to imprisonment for a non-parole period of 1 year commencing on 9 November 2007, together with a further term of 4 months commencing on 9 November 2008; (ii) In the case of count 8, to imprisonment for a non-parole period of 1 year commencing on 9 May 2008, together with a further term of 4 months commencing on 9 May 2009; (iii) In the case of count 1, to imprisonment for a non-parole period of 3 years commencing on 9 November 2008, together with a further term of 1 year commencing on 9 November 2011; (iv) In the case of count 2, to imprisonment for a fixed term of 3 years commencing on 9 November 2009; (v) In the case of count 3, to imprisonment for a fixed term of 5 years commencing on 9 November 2010, (vi) In the case of count 5, to imprisonment for a fixed term of 6 years commencing on 9 November 2011; (vii) In the case of count 6, to imprisonment for a fixed term of 5 years and 6 months commencing on 9 November 2012; (viii) In the case of count 7, to imprisonment for a non-parole period of 6 years commencing on 9 November 2013, together with a further term of 2 year commencing on 9 November 2019; (ix) In the case of count 9, to imprisonment for a non-parole period of 5 years commencing on 9 November 2014, together with a further term of 3 years commencing on 9 November 2019. Catchwords: Criminal Law - sentencing - aggravated sexual intercourse with child - aggravated sexual assault on child - totality Legislation Cited: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ingham v R [2011] NSWCCA 88 R v Hibberd [2009] NSWCCA20 Ibbs v The Queen (1987) 163 CLR 447 R v Daley [2010] NSWCCA 223 Muldrock v The Queen [2011] HCA 39 Mulato v R [2006] NSWCCA 282 Warren v Coombes (1979) 142 CLR Baumer v The Queen (1988) 166 CLR 51 Veen v The Queen (1987-1988) 164 CLR 465 Smith v R [2011] NSWCCA 163 Category: Principal judgment Parties: MH Regina Representation: Ms H Cox (Applicant) Ms V Lydiard (Respondent) P O'Brien (Applicant) S Kavanagh (Respondent) File Number(s): 2008/5975017 Decision under appeal Date of Decision: 2010-05-14 00:00:00 Before: Hock DCJ