Opacic v R [2013] NSWCCA 294

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Opacic v R [2013] NSWCCA 294 Hearing dates: 14 November 2013 Decision date: 26 November 2013 Before: Macfarlan JA at [1] Latham J at [2] R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - aggravated impersonation of a police officer - indecent assault - offender coerced sex worker into his vehicle under pretence of being undercover officer - indecent assault committed in vehicle in isolated location - asserted failure by sentencing judge to adequately characterise the seriousness of the offences -seriousness dealt with succinctly after submissions on sentence and discussion - real question whether offences so serious as to impose full time custody - error not made out - asserted manifest excess - new aggravated impersonation of a police officer offence not assisted by statistical comparison - indecent assault serious - substantial concurrency of sentences - sentences not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Police Act 1900 (NSW) Police Amendment (Miscellaneous) Act 2006 (NSW) Cases Cited: Belghar v R [2013] NSWCCA 245 BT v R [2012] NSWCCA 267 Corby v R [2010] NSWCCA 146 House v The King (1936) 55 CLR 499 Huntington v R [2007] NSWCCA 196 Jiang v R [2010] NSWCCA 277 Lipchin v R [2013] NSWCCA 77 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Hibberd [2009] NSWCCA 20 R v McEvoy [2010] NSWCCA 110 Speechley v R [2012] NSWCCA 130 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Robert Orlando Opacic (Applicant) Regina (Respondent) Representation: Counsel: Mr M Johnston (Applicant) Ms S Herbert (Respondent) Solicitors: Bannisters Lawyers and Attorneys Solicitor for Public Prosecutions File Number(s): 2011/18732 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-10-05 00:00:00 Before: Solomon DCJ File Number(s): 2011/18732