LIPCHIN, Sharon v R [2013] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LIPCHIN, Sharon v R [2013] NSWCCA 77 Hearing dates: 19 February 2013 Decision date: 18 April 2013 Before: Bathurst CJ at [1] Hidden J at [2] Button J at [35] Decision: Leave to appeal granted, appeal allowed. Sentences on counts 3, 4 and 5 quashed. Re-sentenced as follows: Count 3: a non-parole period of 2 years, commencing 16 June 2011 and expiring on 15 June 2013, and a balance of term of 2 years, commencing on 16 June 2013 and expiring on 15 June 2015. Count 4: a non-parole period of 18 months, commencing on 16 December 2011 and expiring on 15 June 2013, and a balance of term of 18 months, commencing on 16 June 2013 and expiring on 15 December 2014. Count 5: a non-parole period of 12 months, commencing on 16 June 2011 and expiring on 15 June 2012, and a balance of term of 12 months, commencing on 16 June 2012 and expiring on 15 June 2013. Applicant eligible for release on parole on 15 June 2013. Sentences to expire in their totality on 15 June 2015. Catchwords: CRIMINAL LAW - sentence appeal - counts of indecent assault, sexual intercourse, attempted sexual intercourse committed by mature woman upon 15 year old boy - fixed terms imposed in respect of offences carrying standard non-parole period - objective gravity of sexual intercourse count - whether sentence on that count manifestly excessive. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Sentencing Act 1989 Cases Cited: - Collier v R [2012] NSWCCA 213 - R v Sea (CCA, unreported, 13 August 1990) - R v KNL [2005] NSWCCA 260, 154 A Crim R 268 - R v Romano [2004] NSWCCA 380, - Boulad v R [2005] NSWCCA 289, - R v Katon [2008] NSWCCA 228, - Salvatore v R [2009] NSWCCA 104, - Kenny v R [2010] NSWCCA 6, - Mokhaiber v R [2011] NSWCCA 10, - R v Chishimba & Ors [2011] NSWCCA 212 Category: Principal judgment Parties: Sharon Jacqueline Lipchin (applicant) Regina (respondent/Crown) Representation: Counsel: T H Gartelmann (applicant) N Norman SC (respondent/Crown) Solicitors: Watsons Solicitors (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent/Crown) File Number(s): 2010/77638 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-06-16 00:00:00 Before: Finnane QC DCJ File Number(s): 2010/77638