DF v R [2012] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DF v R [2012] NSWCCA 171 Hearing dates: 1 August 2012 Decision date: 17 August 2012 Before: HOEBEN JA; at [1] JOHNSON J; at [81] BUTTON J; at [82] Decision: Conviction Appeal (a) In respect of the conviction appeal, leave refused pursuant to r 4 of the Criminal Appeal Rules. Sentence Appeal (b) Appeal allowed. (c) The sentences imposed by his Honour on 25 February 2011 are quashed. (d) In lieu thereof, the appellant is sentenced as follows: (i) Count 1 - A fixed term of imprisonment of 1 year commencing 22 January 2010 and expiring 21 January 2011. (ii) Count 2 - A fixed term of imprisonment of 1 year and 6 months commencing 22 July 2010 and expiring 21 January 2012. (iii) Count 4 - A fixed term of imprisonment of 1 year and 6 months commencing 22 July 2011 and expiring 21 January 2013. (iv) Count 5 - A fixed term of imprisonment of 1 year and 6 months commencing 22 July 2011 and expiring 21 January 2013. (v) Count 6 - A fixed term of imprisonment of 1 year and 6 months commencing 22 January 2011 and expiring 21 July 2012. (vi) Count 7 - Imprisonment with a non-parole period of 3 years commencing 22 January 2012 and expiring 21 January 2015 with a balance of term of 3 years expiring 21 January 2018. (e) The earliest date upon which the appellant will be eligible for parole is 21 January 2015. Catchwords: CRIMINAL LAW - conviction appeal - trial for seven alleged sexual offences committed in 1978-1979 - verdict by direction on one count - appellant convicted on remaining six counts - whether Markuleski direction should have been given arising from acquittal by direction- no such direction sought at trial - no miscarriage of justice - leave refused under rule 4 Criminal Appeal Rules