R v Brown [2012] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Brown [2012] NSWCCA 199 Hearing dates: 31 August 2012 Decision date: 18 September 2012 Before: Macfarlan JA at [1] McCallum J at [2] Grove AJ at [3] Decision: 1) Crown appeal allowed. 2) Sentence imposed in the District Court quashed. 3) In lieu thereof, the respondent sentenced to an aggregate term of imprisonment consisting of a non-parole period of 12 years commencing on 24 November 2011 and expiring on 23 November 2023 together with a balance term of 8 years commencing on 24 November 2023. 4) The earliest date of eligibility for parole specified as 23 November 2023. Catchwords: CRIMINAL LAW - crown appeal - inadequacy of sentence - buggery - homosexual intercourse with male between 10 and 18 - act of indecency with a male - act of gross indecency - indecent assault - sexual intercourse without consent - assault on a male accompanied by an act of indecency - aggravated act of indecency with a person under the age of 16 years - indecent assault of a male - act of gross indecency Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Parole of Prisoners Act 1966 Sentencing Act 1989 Cases Cited: AJB v The Queen [2007] NSWCCA 51; (2007) 169 A Crim R 32 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v MJR [2002] NSWCCA 129; (2002) 54 NSWLR 368 Shannon v R [2006] NSWCCA 39 Category: Principal judgment Parties: Regina (applicant) James Michael Brown (respondent) Representation: Counsel: Ms N Noman (applicant) Mr P Rosser QC (respondent) Solicitors: Solicitor of Public Prosecutions (applicant) Marsdens Law Group (respondent) File Number(s): 2010/206963 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-03-02 00:00:00 Before: North DCJ File Number(s): 2010/206963