LA v R [2013] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LA v R [2013] NSWCCA 146 Hearing dates: Wednesday 5 June 2013 Decision date: 27 June 2013 Before: Beazley P at [1] Hidden J at [2] Fullerton J at [23] Decision: Leave to appeal granted, appeal dismissed Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - seven counts of sexual intercourse with a child between the ages of 14 and 16 - whether finding of fact by judge offended De Simoni principle - whether sentences for individual counts appropriate - whether aggregate sentence manifestly excessive Legislation Cited: Crimes Act 1900 Cases Cited: - The Queen v De Simoni (1981) 147 CLR 383 - Pearce v The Queen [1998] HCA 57, 194 CLR 610 - Johnson v The Queen [2004] HCA 15, 78 ALJR 616 Category: Principal judgment Parties: LA (applicant) Regina (Crown) Representation: Counsel: PD Rosser QC (applicant) S Dowling (Crown) Solicitors: Virginia Kate Taylor (applicant) S Kavanagh - Solicitor for Public Prosecutions (Crown) File Number(s): 2011/87280 Publication restriction: Yes Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-06-21 00:00:00 Before: Maiden DCJ File Number(s): 2011/87280

Judgment 1BEAZLEY P: I agree with Hidden J. 2HIDDEN J: The applicant pleaded guilty in the District Court to seven counts of sexual intercourse with a child between the ages of 14 and 16, an offence under s 66C(3) of the Crimes Act 1900 which carries a maximum sentence of 10 years imprisonment. On 21 June 2012 he was sentenced to a series of partly cumulative terms of imprisonment, commencing on 21 February 2012 so as to take account of a discrete period of pre-sentence custody. The sentences were as follows: On counts 1 and 2: concurrent fixed terms of imprisonment for 1 year, commencing on 21 February 2012; Counts 3 - 5: concurrent fixed terms of imprisonment for 2 years, commencing on 21 February 2013; Counts 6 - 7: concurrent terms of imprisonment for 3 years, with a non-parole period of 1 year, commencing on 21 February 2014. The aggregate sentence was imprisonment for 5 years with a non-parole period of 3 years. The applicant seeks leave to appeal against those sentences.