LG v R [2012] NSWCCA 249

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LG v R [2012] NSWCCA 249 Hearing dates: 26 October 2012 Decision date: 30 November 2012 Before: McClellan CJ at CL at [1] Price J at [29] Barr AJ at [30] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - sentence - whether sentencing judge erred by imposing cumulative sentences - whether sentence was manifestly excessive - where applicant convicted of four offences - where all offences were part of one sequence of events - where each offence involved a different sexual act - sentencing judge did not err in imposing cumulative sentences - sentence was not manifestly excessive. Cases Cited: R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66 R v MMK [2006] NSWCCA 272; 164 A Crim R 326 Category: Principal judgment Parties: LG (Applicant) Crown Representation: Counsel: C Davenport SC (Applicant) T Smith (Crown Solicitors: Katsoolis & Co Solicitors (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/246046 Decision under appeal Date of Decision: 2011-08-12 00:00:00 Before: Zahra DCJ File Number(s): 2010/246046

Judgment 1McCLELLAN CJ at CL: The applicant pleaded guilty in the Local Court to four charges involving sexual offences carried out on the same victim. Each offence was committed in the company of the applicant's partner. The complainant was a girl aged 14 at the time. 2The applicant was sentenced to a total non-parole period of 4½ years with a total overall sentence of 7½ years. The individual sentences, maximum penalties and standard non-parole periods for the relevant offences are set out in the following table: Offence Max penalty SNPP Sentence Aggravated act of indecency towards a child under 16 yrs (in company) (seq 8) 5 years N/A Fixed term 18 months to date from 30 July 2011 Sec 610(1) Crimes Act Aggravated indecent assasult (child under 16 yrs) (seq 2) 10 years 8 years Overall 4 years to date from 30 October 2011 Sec 61M(2) Crimes Act NPP 2 yrs to date from 30 October 2011 to 29 October 2013 Aggravated sexual intercourse with a child between 14 and 16 years (being in company) (seq 7) 12 years N/A Overall 4½ yrs to date from 30 April 2012 NPP 2½ yrs to date from 30 April 2012 to 29 October 2014 Aggravated sexual intercourse with a child between 14 and 16 years (being in company) (seq 5) 12 years N/A Overall 6 years to date from 30 January 2013 Sec 66C(4) Crimes Act 12 years NPP 3 years to date from 30 January 2013 to 29 January 2016 Form 1: 10 years Aggravated sexual intercourse with a child between 14 and 16 years (seq 6) Aggravated indecent assault (under 16 years)