Cross v R [2012] NSWCCA 114

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cross v R [2012] NSWCCA 114 Hearing dates: 29 May 2012 Decision date: 10 September 2012 Before: Allsop P at [1] Hidden J at [2] Davies J at [3] Decision: (1) Leave to appeal granted. (2) Allow the appeal. (3) Quash the sentences imposed by Judge Woods QC. (4) In lieu sentence the Appellant as follows: (a) In respect of Count 1 and taking into account the matter on the Form 1, a non-parole period of 18 months commencing 9 March 2010 and expiring 8 September 2011 with a balance of term of 6 months; (b) In respect of Count 2 and taking into account the matter on the Form 16BA, a fixed term of 15 months commencing 9 June 2011 and expiring 8 September 2012; (c) In respect of Count 3, a non-parole period of 3 months commencing 9 September 2012 and expiring 8 December 2012 with a balance of term of 2 years and 9 months expiring 8 September 2015. (5) Direct the parties to file any further submissions they wish to make concerning the requirement or otherwise of a further order pursuant to s 50 Crimes (Sentencing Procedure) Act. Catchwords: CRIMINAL LAW - sentence - indecent act with child - possession and dissemination of child pornography - fixed term given for offence with standard non-parole period - error regarding maximum penalty - whether no lesser sentence warranted. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Cases Cited: DBW v R [2007] NSWCCA 236 Minehan v R [2010] NSWCCA 140; (2010) 201 A Crim R 243 R v Dunn [2004] NSWCCA 346 Category: Principal judgment Parties: Terry Cross (Applicant) Crown Representation: Counsel: D Barrow (Applicant) T Smith (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/161797 & 2010/60784 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-12-14 00:00:00 Before: G D Woods DCJ File Number(s): 2009/161797 & 2010/60784