Simpson v R [2012] NSWCCA 246

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Simpson v R [2012] NSWCCA 246 Hearing dates: 24 July 2012 Decision date: 23 November 2012 Before: Beazley JA at [1]; Hall J at [93]; S G Campbell J at [94] Decision: 1. Grant leave to appeal against sentence; 2. Appeal allowed in part; 3. Quash the sentence imposed by the trial judge in respect of count 3; 4. Re-sentence the appellant as follows: (i) As to the offence charged under count 1, being an offence contrary to the Crimes Act 1900, s 61O(2), a fixed term of 6 months imprisonment to date from 25 May 2011 and to expire on 24 November 2011; (ii) As to the offence charged under count 2, being an offence contrary to the Crimes Act 1900, s 61M(2), a fixed term of 9 months to date from 25 August 2011 and to expire on 24 May 2012; (iii) As to the offence charged under count 3, being an offence contrary to the Crimes Act 1900, s 66A, a non-parole period of 3 years to commence on 25 October 2011 and to expire on 24 October 2014 and a balance of term of 16 months to commence on 25 October 2014 and to expire on 24 February 2016; 5. The first date upon which the applicant is eligible to be released is 24 October 2014; 6. The total effective sentence is 4 years and 9 months imprisonment and the total effective non-parole period is 3 years and 5 months. Catchwords: CRIMINAL LAW - Sexual offences - Application for leave to appeal against sentence - Offences committed between 1997 and 1998 - Applicable sentencing standards at time offences committed - Consideration of comparable cases - Whether the sentences imposed by the sentencing judge were outside the proper sentencing range - Whether the trial judge relied on cases that represented a true range of sentences imposed at the time of the offences - Sentence to reflect objective criminality involved and personal circumstances of offender - Crimes Act 1900, ss 61O(2), 61M(2), 66A.