GP v Regina [2017] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GP v Regina [2017] NSWCCA 200 Hearing dates: 16 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Before: Macfarlan JA at [1] Button J at [2] Hamill J at [3] Decision: 1. Application for leave to appeal granted.

2. Appeal upheld.

3. Quash the aggregate sentence imposed by Judge Norton SC.

4. In lieu thereof, the applicant is sentenced to an aggregate non-parole period of six years commencing 1 December 2018 and expiring on 30 November 2024. There will be a balance of term of four years commencing on 1 December 2024 and expiring 30 November 2028. Catchwords: CRIMINAL APPEAL – application for leave to appeal against sentence – serious child sexual assault offences – special circumstances – where sentence accumulated on pre-existent sentences – where result of accumulation was to reduce period during which offender eligible for parole – where resultant non-parole period 81% of total sentence – whether result of accumulation inadvertent – appeal allowed and offender re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Sentencing Act 1989 (NSW) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601 at [42]; [2014] HCA 37 McKittrick v R [2014] NSWCCA 128 R v Bolamatu [2002] NSWCCA R v Brindley (1993) 66 A Crim R 204 R v Close (1992) 31 NSWLR 743 R v GDR (1994) 35 NSWLR 376 R v Gill [2002] NSWCCA 93 R v Simpson (1992) 61 A Crim R 58 Stoeski v R [2014] NSWCCA 161 Tuivaga v R [2015] NSWCCA 145 Category: Principal judgment Parties: GP (Applicant) Regina (Respondent Crown) Representation: Counsel: Mr T Quilter (Applicant) Ms M England (Respondent Crown)