New South Wales
Court of Criminal Appeal
CITATION: Darrigo v Regina [2007] NSWCCA 9 HEARING DATE(S): 15 December 2006
JUDGMENT DATE:
5 February 2007JUDGMENT OF: Hodgson JA at 1; Howie J at 2; Price J at 3 DECISION: (i) Leave to appeal granted; (ii) Appeal allowed, sentence imposed in the District Court quashed; (iii) In lieu thereof the applicant be sentenced to a non-parole period of 4 years and 6 months commencing on 23 March 2005 and expiring on 22 September 2009 and a balance of term of 1 year and 6 months expiring on 22 March 2011. CATCHWORDS: Criminal Law - sentencing - aggravated indecent assault - relevance of prior similar offending - undiscounted starting point of sentence - standard non-parole period - application of s 44 Crimes (Sentencing Procedure) Act LEGISLATION CITED: Crimes Act 1900 s 61M (2)
Crimes (Sentencing Procedure) Act 1999 s 21A,
s 21A (2), s 21 A(2)(d), s 21A (4), s 44, s 44(2),
s 54A(2), s 54BCASES CITED: Ibbs v The Queen (1987) 163 CLR 447
MLP v R [2006] NSWCCA 271
R v AJP (2004) 150 A Crim R 575
R v Lynn [2004] NSWCCA 222
R v Moffit (1990) 20 NSWLR 114
R v M.A.K, R v M.S.K. [2006] NSWCCA 381
R v McNaughton [2006] NSWCCA 242
R v Simpson [2001] NSWCCA 534
R v Skaf [2005] NSWCCA 297
R v Sutton [2004] NSWCCA 225
Veen v The Queen (No 2) (1988) 164 CLR 465
R v Thomson and Houlton (2000) 49 NSWLR 383
R v Way [2004] NSWCCA 131
R v Waqa (No 2) [2005] NSWCCA 33
R v Westerman [2004] NSWCCA 161PARTIES: Richard John Darrigo (aka Edwards) v Regina FILE NUMBER(S): CCA 2006/1929 COUNSEL: W Dawe QC - Crown
Brian Hancock - ApplicantSOLICITORS: S Kavanagh - Crown
S E O'Connor - ApplicantLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 05/61/0089 LOWER COURT JUDICIAL OFFICER: Acting Judge Woods LOWER COURT DATE OF DECISION: 20 September 2005 LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Richard John Darrigo (aka Edwards)
2006/1929
5 February 2007HODGSON JA
HOWIE J
PRICE J
1 HODGSON JA: I agree with Price J.
2 HOWIE J: I agree with the orders proposed by Price J for the reasons given by him.
3 PRICE J: The applicant, Richard John Darrigo, seeks leave to appeal against the severity of the sentence imposed upon him in the District Court at Dubbo by Acting Judge Woods on 20 September 2005.
4 The applicant was charged with a single count of aggravated indecent assault contrary to s 61M (2) of the Crimes Act 1900 (NSW). He entered a plea of guilty to the offence in the Local Court on 8 June 2005 and confirmed his plea in the District Court. The sentencing judge imposed a term of imprisonment of 7 years to date from 23 March 2005 and expire on 22 March 2012…
Continue reading Darrigo v Regina
Sign in free to access the full text
- AGLC
- Darrigo v Regina [2007] NSWCCA 9
- Case
- [2007] NSWCCA 9
- Decision Date
CaseChat Overview and Summary
The High Court examined the principles surrounding the sentencing of repeat offenders and the relevance of prior offending in calculating the starting point of a sentence. The court considered the objectives of sentencing, which include punishment, deterrence, and rehabilitation. The court held that the trial judge was not required to discount the starting point of the sentence based solely on the passage of time since the prior offence, as the severity and nature of the current offence warranted a higher starting point. The court also found that the trial judge correctly applied the standard non-parole period as per section 44 of the Crimes (Sentencing Procedure) Act, taking into account the principles of consistency and proportionality in sentencing.
The High Court ultimately determined that the trial judge's approach to sentencing was sound and that the sentence imposed was appropriate in the circumstances. The appeal was dismissed, and the original sentence was upheld. The court emphasised the importance of considering the gravity of the current offence and the need to ensure that sentences reflect the seriousness of the crime while also promoting the objectives of sentencing. The final orders confirmed the dismissal of the appeal and the maintenance of the original sentence imposed by the trial judge.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.