Woodward v R [2017] NSWCCA 44

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Woodward v R [2017] NSWCCA 44 Hearing dates: 31 October 2016 Decision date: 22 March 2017 Before: Beazley P at [1]; R A Hulme J at [2]; Bellew J at [107] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – historical child sexual assault – rape and buggery – failure to adhere to mandatory statutory requirements concerning Form 1 documents – application of R v MJR (2002) 54 NSWLR 368 and related sentencing principles for historical offences –where maximum penalty reduced after date of offences but subsequently increased by a lesser extent prior to sentence – correct approach is to have regard to the maximum penalty at the time of the offence and at the time of sentence as opposed to arbitrary points in between – no failure to have regard to sentencing practices that applied at the time of the offences – no erroneous failure to give sufficient weight to the applicant's age and ill-health in the exercise of the sentencing discretion – sentence not manifestly excessive where offending was ongoing and extremely serious – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 63, 79 Crimes Act 1914 (Cth) s 4F(2) Crimes (Child Assault) Amendment Act 1985 (NSW) Crimes (Amendment) Act 1984 (NSW) Crimes (Amendment) Act 1989 (NSW) Crimes (Personal and Family Violence) Amendment Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Pt 3 Div 3, ss 19, 33, 44, 61B, 61C, 61D, 61J(1) Crimes (Sexual Assault) Amendment Act 1981 (NSW) Criminal Code (Cth) Interpretation Act 1897 (NSW) s 8 Interpretation Act 1987 (NSW) s 30 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Doumit v R [2011] NSWCCA 134 Elias v The Queen [2013] HCA 31; 248 CLR 483 House v The King [1936] HCA 40; 55 CLR 499 Lowndes v The Queen [1999] HCA 29; 195 CLR 665 Magnuson v R [2013] NSWCCA 50 Markarian v The Queen [2005] HCA 25; 228 CLR 357 MPB v R [2013] NSWCCA 213 PH v R [2009] NSWCCA 161 R v Brandt [2004] NSWCCA 3; 42 MVR 262 R v Cramp [2004] NSWCCA 264 R v EGC [2005] NSWCCA 392 R v Felton [2002] NSWCCA 443; 135 A Crim R 328 R v Fidow [2004] NSWCCA 172 R v Gallagher (Court of Criminal Appeal (NSW), 29 November 1995, unrep) R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v Moon [2000] NSWCCA 534; 117 A Crim R 497 R v PJ Smith [1982] 2 NSWLR 569 R v Ronen [2006] NSWCCA 123; 161 A Crim R 300 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 November 1989 at 13569 Category: Principal judgment Parties: Geoffrey Woodward (Applicant) Regina (Respondent) Representation: Counsel: Dr S Bogan (Applicant) Ms B Baker (Respondent)