R v Scavera [2016] NSWCCA 145

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Scavera [2016] NSWCCA 145 Hearing dates: 30 May 2016 Date of orders: 28 July 2016 Decision date: 28 July 2016 Before: Simpson JA at [1] Garling J at [2] Wilson J at [99] Decision: (1) Appeal upheld. (2) Quash the sentences imposed in the District Court of NSW on 26 November 2015, except for the sentence of the offence against s 91H(2) of the Crimes Act 1900. (3) In lieu of the quashed sentences, impose the following sentence upon the respondent, Antonio Scavera: (a) for the offence against s 61M(2) of the Crimes Act, being the offence of aggravated indecent assault, a non-parole period of 2 years and 9 months imprisonment to commence on 18 June 2015 with a balance of term of 1 year; (b) for the offence of digital penetration contrary to s 66A(2) of the Crimes Act, a non-parole period of 4 years imprisonment to commence on 18 June 2016, with a balance of term of 1 year and 4 months; (c) for the offence of fellatio contrary to s 66A(2) of the Crimes Act, a non-parole period of 4 years and 6 months imprisonment to commence on 18 June 2017, with a balance of term of 3 years; (d) The earliest date upon which Mr Scavera is to be released on parole is 17 December 2021. Catchwords: CRIMINAL LAW – Crown appeal against sentence – whether sentence manifestly inadequate – aggravated indecent assault of a person under the age of 16 – Crimes Act s 66M(2) – aggravated sexual intercourse with a child under the age of 10 years – Crimes Act s 66A(2) – whether sentencing Judge correctly assessed the objective seriousness of indecent assault offence – whether sentences adequately reflected objective seriousness of sexual intercourse offences – whether sentencing Judge erred in consideration of respondent's likelihood of re-offending and prospects of rehabilitation – whether sentencing Judge erred in failing to accumulate sentences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: EG v R [2015] NSWCCA 21 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v King [2009] NSWCCA 117 R v ND [2016] NSWCCA 103 R v PFC [2011] NSWCCA 117 R v Previtera (1997) A Crim R 76 Texts Cited: Not Applicable Category: Principal judgment Parties: Crown Antonio Scavera (Respondent) Representation: Counsel: N Noman SC (Crown) D Carroll (Respondent)