KW v R (No 2) [2013] NSWCCA 84

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KW v R (No 2) [2013] NSWCCA 84 Hearing dates: On the papers Decision date: 22 April 2013 Before: Simpson J at [1]; Harrison J at [10]; Adamson J at [11] Decision: (i) Order 3 made on 19 February 2013 set aside. (ii) In lieu thereof the applicant is sentenced as follows: Count (v): imprisonment for 3 years and 9 months, commencing on 7 April 2010 and expiring on 6 January 2014, with a non-parole period of 2 years and 6 months, expiring on 6 October 2012; Counts (ii)-(iv): imprisonment for a fixed term of 1 year and 6 months, commencing on 7 October 2010 and expiring on 6 April 2012; Count (i): imprisonment for 5 years and 6 months, commencing on 7 April 2011 and expiring on 6 October 2016, with a non-parole period of 3 years and 5 months, expiring on 6 September 2014. Catchwords: CRIMINAL LAW - appeal - sentencing - sexual offences - error found in sentencing - applicant re-sentenced KW v R [2013] NSWCCA 31 - error in re-sentencing - aggregate sentence failed to give effect to finding of special circumstances - Crown application for variation of orders - Criminal Appeal Rules r 50C - orders made on 19 February 2013 varied - applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Rules Cases Cited: KW v R [2013] NSWCCA 31 Category: Consequential orders Parties: KW (Applicant) Regina (Respondent) Representation: Counsel: J Stratton SC (Applicant) H Wilson (Respondent) Solicitors: Bannister Lawyers (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent) File Number(s): 2009/148645 Publication restriction: Non publication of any information or material that may lead to the identification of the victims (s 15A Children (Criminal Proceedings) Act 1987) Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-03-09 00:00:00 Before: Hosking DCJ File Number(s): 2009/148645