NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
CPW v R [2009] NSWCCA 105
FILE NUMBER(S):
2006/5773
HEARING DATE(S):
12 February 2009
JUDGMENT DATE:
23 April 2009
PARTIES:
CPW
Regina
JUDGMENT OF:
McClellan CJatCL James J Adams J
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
06/61/0163
LOWER COURT JUDICIAL OFFICER:
Woods AJ
COUNSEL:
E Wilson - Appellant
J Dwyer - Crown
SOLICITORS:
S O'Connor (Legal Aid Commission)
S Kavanagh (Solicitor for Public Prosecutions)
CATCHWORDS:
CRIMINAL LAW — Sentencing — child sexual assault — multiple offences — some offences committed many years previously — sentencing in accordance with law and practice at the time of the offences — special circumstances by reason of accumulation of sentences
LEGISLATION CITED:
Crimes (Sentencing Procedure) Act
Crimes Act
Criminal Appeal Act
Parole of Prisoners Act 1966
Probation and Parole Act 1983
Sentencing Act 1989
CASES CITED:
AJB v Regina (2007 169 A Crim R 32
Cahyahi v The Queen (2007) 168 A Crim R 41
Close (1993) 65 A Crim R 72
Featherstone v R [2008] NSWCCA 71
GAC v R [2007] NSWCCA 287
MJL v Regina [2007] NSWCCA 261
Pearce v The Queen (1998) 194 CLR 610
R v Ellis (1986) 6 NSWLR 603
R v PLV (2001) 51 NSWLR 736
R v Swan [2005] NSWCCA 252
R v Holder (1983) 3 NSWLR 245
R v MJR (2002) 130 A Crim R 481
R v MMK [2006] NSWCCA 272
Simpson (1992) 61 A Crim R 58
TEXTS CITED:
DECISION:
1.Leave to appeal granted.
2.Appeal against sentence allowed in part.
3.Confirm the sentences for offences 1, 2 and 4.
4.Quash the sentences for offences 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 and in lieu thereof impose the following sentences:-
For offence 3 — a fixed term of imprisonment of six months commencing on 14 February 2009 and expiring on 13 August 2009.
For offence 8 — a fixed term of imprisonment of 10 months commencing on 14 August 2009 and expiring on 13 June 2010.
For offences 9 and 11 — concurrent fixed terms of imprisonment of 10 months commencing on 14 February 2010 and expiring on 13 December 2010.
For offence 10 — a fixed term of imprisonment of 14 months commencing on 14 August 2010 and expiring on 13 October 2011.
For offence 12 — a fixed term of imprisonment of 14 months commencing on 14 June 2011 and expiring on 13 August 2012.
For offence 13 — a fixed term of imprisonment of 10 months commencing on 14 June 2011 and expiring on 13 April 2012.
For each of offences 6 and 7 — a non-parole period of one year eight months commencing on 14 August 2012 and expiring on 13 April 2014 and a balance of the term of 10 months.
For offence 5 and taking into account the additional offences — a non-parole period of one year commencing 14 August 2013 and expiring on 13 August 2014 and a balance of the term of…
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- AGLC
- CPW v R [2009] NSWCCA 105
- Case
- [2009] NSWCCA 105
- Decision Date
CaseChat Overview and Summary
The legal issue before the Court of Appeal was whether the primary judge had adequately considered the principle of accumulation of sentences. The Court of Appeal held that the principle of accumulation of sentences requires a court to consider the cumulative effect of multiple sentences when sentencing a defendant for multiple offences. The Court of Appeal held that the primary judge had failed to adequately consider the principle of accumulation of sentences when sentencing the appellant. The Court of Appeal held that this was an error of law and remitted the matter to the sentencing judge. The Court of Appeal held that the principle of accumulation of sentences is a well-established principle of sentencing and that it must be considered by a court when sentencing a defendant for multiple offences. The Court of Appeal held that the primary judge had failed to give adequate weight to this principle and this was an error of law. The Court of Appeal held that the matter should be remitted to the sentencing judge to re-sentence the appellant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: CLELLAN CJ
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