NLR v R [2011] NSWCCA 246

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: NLR v R [2011] NSWCCA 246 Hearing dates: 14/09/11 Decision date: 17 November 2011 Before: Bathurst CJ at [1] James J at [2] Johnson J at [47] Decision: Extension of time in which to apply for leave to appeal is granted, leave to appeal against sentence is granted but the appeal is dismissed Catchwords: CRIMINAL LAW - sentencing - Crimes (Sentencing Procedure) Act - s 21A(2)(eb) - s 21A(5A) - s 21A(3)(m) Legislation Cited: Crimes (Sentencing Procedure) Act Crimes Act Cases Cited: Brown v R [2010] NSWCCA 73 Ingham v R [2011] NSWCCA 88 Oh Hyunwook v R [2010] NSWCCA 148 R v Ellis (1986) 6 NSWLR 603 R v Sukkar [2006] NSWCCA 92 Category: Principal judgment Parties: NLR - Applicant Regina - Crown Representation: G D Wendler - Applicant S Dowling - Crown Van Houten Law - Applicant S Kavanagh - Solicitor for Public Prosecutions File Number(s): 2009/229161 Decision under appeal Date of Decision: 2010-08-16 00:00:00 Before: English DCJ File Number(s): 2009/229161

Judgment 1BATHURST CJ : I agree with the orders proposed by James J and with his Honour's reasons. 2JAMES J : NLR applied for leave to appeal against sentences imposed on him in the District Court on 16 August 2010 by her Honour Judge English for three offences to which he had pleaded guilty. 3The offences and the sentences imposed were as follows:- (1) An offence of aggravated indecent assault on a person under the age of 16 years for which her Honour imposed a head sentence of three years commencing on 14 October 2009 with a non-parole period of one year nine months 18 days. (2) An offence of sexual intercourse with a person under the age of ten years for which her Honour imposed a head sentence of six years nine months with a non-parole period of four years commencing on 14 April 2010. (3) A further offence of sexual intercourse with a person under the age of ten years for which her Honour imposed a head sentence of seven years ten months 15 days with a non-parole period of four years commencing on 14 October 2010. In sentencing the applicant for this offence her Honour took into account an offence of aggravated indecent assault on a person under the age of 16 years. The overall sentence consisted of head sentences totalling eight years ten months 15 days and non-parole periods totalling five years. 4Aggravated indecent assault on a person under the age of 16 years is an offence under section 61M(2) of the Crimes Act for which the maximum penalty is imprisonment for ten years. There is a standard non-parole period of eight years. 5Sexual intercourse with a person under the age of ten years is an offence under section 66A of the Crimes Act for which the maximum penalty is imprisonment for 25 years. There is a standard non-parole period of 15 years.