Panchal v R; R v Panchal [2014] NSWCCA 275

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Panchal v R; R v Panchal [2014] NSWCCA 275 Hearing dates: 13 October 2014 Decision date: 26 November 2014 Before: Leeming JA; Fullerton J; Bellew J Decision: In the appeal against conviction: 1. Refuse leave to appeal in respect of ground 2. 2. Grant leave to appeal in respect of ground 1 and (to the extent necessary) ground 3. 3. Appeal dismissed. In the Crown appeal: 1. Crown appeal against sentence upheld. 2. The sentences imposed in the District Court on 18 October 2013 are quashed and in lieu thereof the following sentences are imposed: Count 2: Fixed term of imprisonment for 12 months commencing on 31 May 2013 and expiring 30 May 2014. Count 3: Fixed term of imprisonment for 6 months commencing on 31 May 2013 and expiring on 30 November 2013; Count 4: Fixed term of imprisonment for 16 months commencing on 31 July 2013 and expiring on 30 November 2014. Count 1: Imprisonment for 7 years commencing on 31 May 2014, and expiring on 30 May 2021 comprising a non-parole period of 4 years and 6 months expiring on 30 November 2018 and a balance of term of 2 years and 6 months. This results in an effective sentence of 8 years with a non-parole period of 5 years and 6 months. Catchwords: CRIMINAL LAW - Appeal against conviction - trial before judge alone - appellant convicted of sexual assault and indecent assaults - whether verdicts unreasonable - whether error in complainant giving evidence pursuant to Criminal Procedure Act 1986 (NSW), ss 306U and 306ZB - whether error in discounting appellant's prior good character - appeal against conviction dismissed. CRIMINAL LAW - Crown appeal against sentence - whether error in imposing wholly concurrent sentences - whether sentences unreasonable or unjust - Crown appeal allowed. Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 61M, 66A, 405I Crimes (Child Victim Evidence) Amendment Act 1990 (NSW) Criminal Appeal Act 1912 (NSW), ss 5D, 6 Criminal Procedure Act 1986 (NSW), ss 132, 133, 306M, 306P, 306U, 306ZB, 306ZJ Evidence (Children) Act 1997 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Green v R; Quinn v R [2011] HCA 49; 244 CLR 462 Ingham v R [2014] NSWCCA 123 JT v R [2012] NSWCCA 133 LG v R [2012] NSWCCA 249 M v The Queen (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 Pearce v R [1998] HCA 57; 194 CLR 610 R v Dousha [2008] NSWCCA 263 R v Slack [2004] NSWCCA 128 SKA v The Queen [2011] HCA 13; 243 CLR 400 Smith v R [2011] NSWCCA 163 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Jayeshkumar Dashrathal Panchal (Appellant/Respondent) Crown (Respondent/Appellant) Representation: Counsel: G James QC / P Lange (Appellant/Respondent) P Ingram SC (Crown) Solicitors: Murphy's Lawyers Inc (Appellant/Respondent) Solicitor for Public Prosecutions (Crown) File Number(s): 2011/199816 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-05-31 00:00:00 Before: English DCJ File Number(s): 2011/199816