R v Taane [2014] NSWCCA 330

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Taane [2014] NSWCCA 330 Hearing dates: 1 December 2014 Decision date: 01 December 2014 Before: Leeming JA at [1]; McCallum J at [2]; R A Hulme J at [3] Decision: Order made 1 December 2014: Crown appeal dismissed Catchwords: CRIMINAL LAW - Crown appeal against sentence - sexual intercourse with child between 14 and 16 - breach of suspended sentence good behaviour bonds - incorrect approach adopted in dealing with breach of bonds - sentencing judge entitled to have regard to earlier offences in order to assess totality - multiple errors made by sentencing judge - sentences not manifestly inadequate Legislation Cited: Child Protection (Offenders Registration) Act 2002 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Category: Principal judgment Parties: Regina (Applicant) Kyle Robert Taane (Respondent) Representation: Counsel: Ms V Lydiard (Crown Ms R Burgess (Respondent) Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2013/145014 Decision under appeal Jurisdiction: 9101 Before: Christie QC DCJ File Number(s): 2013/145014

Judgment 1LEEMING JA: I agree with R A Hulme J. 2McCALLUM J: I agree with R A Hulme J's reasons for dismissing the Crown appeal. 3R A HULME J: The Crown appealed pursuant to s 5D(1) of the Criminal Appeal Act 1912 (NSW) in respect of sentences imposed upon Kyle Robert Taane (the respondent) by Christie ADCJ in the District Court at Campbelltown on 25 June and 23 July 2014. 4The appeal was heard on 1 December 2014. At the conclusion of the submissions for the Crown the Court ordered that the appeal be dismissed. The following are my reasons for joining in the making of that order.