RJT v R [2012] NSWCCA 280

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RJT v R [2012] NSWCCA 280 Hearing dates: 30 October 2012 Decision date: 14 December 2012 Before: Basten JA at [1] Adams J at [13] R A Hulme J at [14] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentences imposed in the District Court on 29 July 2011. (4) Sentence the applicant: (a) On count 1, to imprisonment comprising a non-parole period of 4 years to date from 15 April 2011 with a balance of the term of the sentence of 2 years 3 months. The non-parole period expires on 14 April 2015. The total term of the sentence expires on 14 July 2017. (b) On count 2, to imprisonment comprising a non-parole period of 4 years 10 months to date from 15 April 2012 with a balance of the term of the sentence of 3 years 2 months. The non-parole period expires on 14 February 2017 when the offender will become eligible for release on parole. The total term of the sentence is to expire on 14 April 2020. Catchwords: CRIMINAL LAW - appeal against sentence - sexual assaults upon child - assistance to authorities - Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 - assistance by reporting historical child sexual assault offences of which offender was the victim - subsequent assistance in investigation and implicit undertaking to give evidence - assistance provided after commission of offender's own offences but before being charged - public policy rationale for reducing sentences on account of assistance - whether reduction of sentence available when offender assists as a victim of crime Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 NSW) Crimes (Sentencing Procedure) Amendment Act 2010 (NSW) Criminal Legislation Amendment Act 1992 (NSW) Cases Cited: Ballard v R [2011] NSWCCA 193 FS v R [2009] NSWCCA 301; (2009) 198 A Crim R 383 Isaac v R [2012] NSWCCA 195 R v Calderoni [2000] NSWCCA 511 R v Cartwright (1989) NSWLR 243 R v Downey (1997) 97 A Crim R 41 R v Fernando [2004] NSWCCA 147 R v Gallagher (1991) 23 NSWLR 220 R v Golding (1980) 24 SASR 161 R v James and Sharman (1913) 9 Cr App R 142 R v Lowe (1977) 66 Cr App R 122 R v Many (1990) 51 A Crim R 54 R v Perez-Vargas (1986) 8 NSWLR 559 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Sinfield (1981) 3 Cr App R (S) 258 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 Raad v R [2011] NSWCCA 138 Texts Cited: New South Wales Legislative Assembly, Second Reading, Crimes Amendment Bill (Hansard) 18 April 1991 Category: Principal judgment Parties: RJT (Applicant) Regina (Respondent) Representation: Counsel: Mr T Gartelmann (Applicant) Ms H Wilson (Respondent) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2010/20313 Publication restriction: Nothing may be published that would lead to the identification of the complainant: s 578A of the Crimes Act 1900 (NSW). Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-07-29 00:00:00 Before: English DCJ File Number(s): 2010/20313