Jones v R [2012] NSWCCA 262

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jones v R [2012] NSWCCA 262 Hearing dates: 9 August 2012 Decision date: 10 December 2012 Before: McClellan CJ at CL at [1] R A Hulme J at [99] Schmidt J at [115] Decision: 1. Leave to appeal against conviction granted and the appeal dismissed. 2. With respect to sentence leave to appeal is granted, the appeal is upheld and the sentences imposed in the court below are quashed and the applicant is resentenced as follows: (a) in relation to count 1 sentence the applicant to a non-parole period of 3 years commencing on 12 November 2010 and expiring on 11 November 2013 with a further term of 2 years to expire on 11 November 2015. (b) in relation to count 2 sentence the applicant to a non-parole period of 8 years commencing on 12 November 2010 and expiring on 11 November 2018 with a further term of 4 years expiring on 11 November 2022. Catchwords: CRIMINAL LAW - appeal - conviction - expert evidence - whether refusal to exclude expert evidence gave rise to miscarriage of justice - whether refusal to exclude lay evidence gave rise to a miscarriage of justice - inconsistent verdicts - whether verdict unreasonable or unsupported by the evidence.

CRIMINAL LAW - appeal - sentence - application of standard non-parole period - whether sentencing judge committed error in Muldrock v The Queen [2011] HCA 39 - aggravating factors - whether age of victim, injury and emotional harm properly were aggravating factors - whether sentence was manifestly excessive. Legislation Cited: Evidence Act Crimes (Sentencing Procedure) Act 1999 Cases Cited: DS v R [2012] NSWCCA 159 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 MLP v R [2006] NSWCCA 271; (2006) 164 A Crim R 93 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Markuleski [2001] NSWCCA 290; (2001) 52 NSWLR 82 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 SGJ v R [2008] NSWCCA 258 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Category: Principal judgment Parties: Corey James Gregory Jones (Applicant) Crown Representation: Counsel: S Bogan (Applicant) M M Cinque (Crown) Solicitors: CrimLaw NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/9220 Decision under appeal Date of Decision: 2011-02-15 00:00:00 Before: Madgwick ADCJ File Number(s): 2009/9220