Franklin v R [2013] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Franklin v R [2013] NSWCCA 122 Hearing dates: 14 May 2013 Decision date: 24 May 2013 Before: Hoeben CJ at CL at [1] Hall J at [49] Davies J at [50] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - six offences of aggravated sexual intercourse and aggravated indecent assault on 14 year old girl by offender and his partner - offences occurred on one night - whether the extent of accumulation of sentences was excessive - whether principle of totality observed - whether total effective sentence was manifestly excessive - no general rule of law that sentences be concurrent or consecutive - decision a discretionary one - fundamental question whether criminality of one offence can be encompassed in the criminality of another - sentence not excessive - appeal dismissed. Legislation Cited: Crimes Act 1900 - sections 61O(1), 61M(2), 66C(4) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v Regina [2007] NSWCCA 1; 168 A Crim R 41 Ibbs v R [1987] HCA 46; 163 CLR 447 LG v R [2012] NSWCCA 249 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v AJP [2004] NSWCCA 434; 150 A Crim R 575 R v Jarrold [2010] NSWCCA 69 R v MAK [2006] NSWCCA 381; 167 A Crim R 159 Category: Principal judgment Parties: Thomas William Franklin - Applicant Regina - Respondent Crown Representation: Counsel: Mr P Boulten SC - Applicant Ms T Smith - Respondent Crown Solicitors: B Sandland, Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/246039 Decision under appeal Date of Decision: 2011-08-12 00:00:00 Before: His Honour Judge Zahra SC File Number(s): 2010/246039