NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ryan v R [2019] NSWCCA 200 Hearing dates: 4 February 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Before: Simpson AJA at [1] Button J at [7] Lonergan J at [8] Decision: (1) The applicant's appeal against sentence is allowed.
(2) The sentence imposed by Judge English in the District Court on 23 March 2017 is set aside.
(3) That the applicant be re-sentenced as followed:
(a) Count 1: a non-parole period of 9 years commencing 5 August 2015 and expiring 4 August 2024, with a balance term of 3 years commencing 5 August 2024 and expiring 4 August 2027.
(b) Count 3: a non-parole period of 13 years commencing 5 August 2016 and expiring 4 August 2029, with a balance term of 5 years commencing 5 August 2029 and expiring 4 August 2034.
(4) The total effective sentence under the orders proposed will be a non-parole period of 14 years commencing 5 August 2015 and expiring 4 August 2029 with a balance term of 5 years expiring on 4 August 2034.
(5) The earliest date upon which the applicant will be eligible for release on parole will be 4 August 2029. Catchwords: CRIMINAL LAW – appeal – sentence – sexual assaults upon two persons under the age of 10 years – error conceded – sentencing judge erred by treating standard non-parole period as having determinative significance in the sentencing exercise – sentencing judge erred in giving effect to finding of special circumstances in relation to count 3 by extending the additional term, rather than reducing the non-parole period – resentence Legislation Cited: Crimes Act 1900 (NSW) s 66A Crimes (Sentencing Procedure) Act 1999 (NSW) s 54B(2) Cases Cited: MLP v R [2014] NSWCCA 183 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 RJA v R [2014] NSWCCA 89 TO v R (2017) 265 A Crim R 191; [2017] NSWCCA 12 Category: Principal judgment Parties: Raymond Dereck Ryan (Applicant) Crown (Respondent) Representation: Counsel: T B Jones (Applicant) E Balodis (Respondent)
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