R v Van Ryn (No 3) [2016] NSWCCA 307

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Van Ryn (No 3) [2016] NSWCCA 307 Hearing dates: On the papers Decision date: 16 December 2016 Before: Leeming JA; Johnson J; R A Hulme J Decision: 1. Crown appeal allowed. 2. Sentence imposed in the District Court on 9 September 2015 quashed. 3. Sentenced to an aggregate term of imprisonment of 17 years and 9 months with a non-parole period of 13 years and 4 months. The sentence will date from 10 December 2014. The offender will become eligible for release on parole at the end of the non-parole period which will expire on 9 April 2028. The total term will expire on 9 September 2032. Catchwords: CRIMINAL LAW – sentence – child sexual assault – redetermination of sentence following grant of special leave by High Court – where the Court was inadvertently misled as to the correct offence provision for one of many offences – where a lesser maximum penalty and standard non-parole period applied – where the Crown does not oppose the imposition of a lower aggregate sentence – indicative and aggregate sentence modestly reduced from original resentence Legislation Cited: Crimes Act 1900 (NSW) ss 61M(1), 61M(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 43 Cases Cited: R v Van Ryn [2016] NSWCCA 1 R v Van Ryn (No 2) [2016] NSWCCA 160 Van Ryn v The Queen [2016] HCATrans 246 Van Ryn v The Queen [2016] HCATrans 268 Category: Principal judgment Parties: Regina (Applicant) Maurice Van Ryn (Respondent) Representation: Counsel: Ms S Dowling SC (Crown) Mr C P Heazlewood (Respondent)