WAP v R [2017] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WAP v R [2017] NSWCCA 212 Hearing dates: 2 May 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Before: Johnson J at [1] Beech-Jones J at [121] Fagan J at [122] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – two offences of having sexual intercourse without consent contrary to s.61l Crimes Act 1900 – offence of armed robbery contrary to s.97 Crimes Act 1900 – further s. 61l offence taken into account on a Form 1 – offences committed in 1992 – Applicant not charged until 2013 following "cold case" DNA match – Applicant sentenced to aggregate term of imprisonment for 10 years with a non-parole period of six years – claim that sentencing Judge infringed De Simoni principle – error not demonstrated – claim of error with respect to harm to victim – error not demonstrated – claim of error in approach to delay and totality in relation to sentences imposed for other offences committed by the Applicant in 1993 – no error demonstrated -- claim that aggregate sentence manifestly excessive – offences involved considerable objective gravity –aggregate sentence not manifestly excessive - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DF v R [2012] NSWCCA 171 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Munda v State of Western Australia (2013) 249 CLR 600; [2013] HCA 38 Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17 R v Dimian [2016] NSWCCA 223 R v Todd [1982] 2 NSWLR 517 R v WAP (Court of Criminal Appeal, Beazley JA, Studdert and Sully JJ, 19 August 1996, unreported) R v Youkhana [2004] NSWCCA 412 Stewart v R [2012] NSWCCA 183 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Texts Cited: Hon JJ Spigelman AC, "Address to Parole Authorities Conference 2006" (2006) 8 TJR 11 Category: Principal judgment Parties: WAP (Applicant) Regina (Respondent) Representation: Counsel: Ms R Burgess (Applicant) Ms HR Roberts (Respondent)