Leslie v R [2013] NSWCCA 48

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Leslie v R [2013] NSWCCA 48 Hearing dates: 10 December 2012 Decision date: 01 March 2013 Before: McClellan JA [1] Latham J at [88] Adamson J at [89] Decision: 1. Leave to appeal granted, the appeal upheld and the sentences imposed in the District Court are quashed. 2. Sentence the applicant as follows: (a) In respect of count 1 to a fixed term of 10 years imprisonment to date from 8 March 2011. (b) In respect of count 3 to a term of imprisonment comprising a non-parole period of 10 years to date from 8 March 2012 with a balance of term of 5 years. (c) In respect of count 2, and having regard to the maters on the Form 1, to a term of imprisonment comprising a non-parole period of 11 years to date from 8 March 2013 with a balance of term of 6 years expiring on 7 March 2030. Accordingly the earliest date upon which the applicant may be released to parole is 8 March 2024. The total sentence is an overall term of 19 years with a non-parole period of 13 years. Catchwords: CRIMINAL LAW - appeal against sentences - sexual intercourse with a child under the age of 10 years (three counts) - whether standard non-parole period erroneously applied - whether sentences manifestly excessive Legislation Cited: Crimes Act 1900 Cases Cited: AWKO v R [2010] NSWCCA 90 Eedens v R [2009] NSWCCA 254 Ingham v R [2011] NSWCCA 88 JRM v R [2012] NSWCCA 112 Kite v R [2009] NSWCCA 12 MLP v R [2006] NSWCCA 271 Muldrock v The Queen [2011] HCA 39 R v AJP [2004] NSWCCA 434; 150 A Crim R 575 R v Fernando (1992) 76 A Crim R 58 R v King [2009] NSWCCA 117 RJA v R [2008] NSWCCA 137 RR v R [2011] NSWCCA 235 Category: Principal judgment Parties: Jai Leslie (Applicant) Crown Representation: Counsel: J Stratton SC (Applicant) N Noman SC (Crown) Solicitors: Legal Aid of NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/45443 Decision under appeal Date of Decision: 2012-01-11 00:00:00 Before: Syme DCJ File Number(s): 2010/45443