Silas Gordon Haines v R [2012] NSWCCA 238

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Silas Gordon Haines v R [2012] NSWCCA 238 Hearing dates: 26 October 2012 Decision date: 21 November 2012 Before: McClellan CJ at CL at [1] Bellew J at [2] Barr AJ at [66] Decision: 1. Leave to appeal granted; 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - forced entry into residential premises followed by multiple offences of robbery and aggravated sexual assault - one episode of offending - offences committed whilst applicant on parole for previous offence of sexual assault - whether overall sentence of imprisonment for 25 years with a non-parole period of 18 years was unreasonable or plainly unjust - whether sentence accumulated to an excessive degree - whether period of imprisonment amounted to a crushing sentence - need for protection of the community Cases Cited: R v Gorman [2002] NSWCCA 516; (2002) 137 A Crim R 326 R v Haines [2004] NSWCCA 294 R v Hayes [1984] 1 NSWLR 740 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Category: Principal judgment Parties: Silas Gordon Haines - Applicant Crown - Respondent Representation: T Gartelmann - Applicant T Smith - Crown Legal Aid New South Wales - Applicant S Kavanagh,Solicitor for Public Prosecutions (NSW) - Crown File Number(s): 2009/11348 Decision under appeal Date of Decision: 2010-05-14 00:00:00 Before: Charteris DCJ