R v DAJ [2012] NSWCCA 143

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v DAJ [2012] NSWCCA 143 Hearing dates: 10 April 2012 Decision date: 04 July 2012 Before: McClellan CJ at CL at [1] Hidden J at [2] Hislop J at [30] Decision: Appeal allowed. Sentences of non-parole period of 18 months with a balance of term of 6 months on counts 1, 2, 5 and 6 confirmed. Sentences on counts 1 and 2 to date from 14.04.2010, but sentences on counts 5 and 6 to date from 14.10.2010. Sentence on count 4 quashed, respondent sentenced to non-parole period of 3 years, commencing 14.04.2011 and expiring 13.04.2014, balance of term of 18 months, commencing on 14.04.2014 and expiring on 13.10.2015. Sentence on count 3 quashed, respondent sentenced to non-parole period of 2 years and 9 months, commencing 14.10.2011 and expiring 13.07.2014, balance of term 2 years and 3 months, commencing 14.07.2014 and expiring 13.10.2016. Catchwords: CRIMINAL LAW - Crown appeal against sentence - four counts of aggravated indecent assault, two counts of aggravated sexual intercourse without consent - child victim - step-daughter of respondent - whether sentencing judge's assessment of objective gravity of the offences appropriate - whether sentences manifestly inadequate Legislation Cited: Bail Act 1978 Crimes Act 1900 Cases Cited: Clinton v R [2009] NSWCCA 276 Silvano v R [2008] NSWCCA 118, 184 A Crim R 593 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen [2011] HCA 39, 244 CLR 120 Category: Principal judgment Parties: Regina (Crown) DAJ (respondent) Representation: Counsel: M Cinque (Crown) G A Newton (respondent) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) B Sandland - Legal Aid Commission (respondent) File Number(s): 2007/10973 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-04-20 00:00:00 Before: Lakatos SC DCJ File Number(s): 2007/10973