Eedens v R

Case [2009] NSWCCA 254


New South Wales
Court of Criminal Appeal

CITATION: Karel EEDENS v R [2009] NSWCCA 254
HEARING DATE(S): 10/09/2009
 
JUDGMENT DATE: 

2 October 2009
JUDGMENT OF: Macfarlan JA at 1; Howie J at 2; Hislop J at 54
DECISION: The application for leave to appeal granted and the appeal allowed. The sentence imposed in the District Court is quashed and in lieu the applicant is sentenced to a term of imprisonment comprising a non-parole period of 6 years and 2 months with a balance of term of 2 years 1 month. The sentence is to date from 14 May 2007 and the applicant is eligible to be released to parole on 13 July 2013.
CATCHWORDS: Criminal Law - Sentence - sexual assault of child under 10 - plea of guilty - Form 1 - whether matters on Form 1 appropriate - whether sentence excessive.
LEGISLATION CITED: Crimes Act 1900 - ss 66A, 66C
Crimes (Sentencing Procedure) Act 1999 - s 33
CATEGORY: Principal judgment
CASES CITED: R v Todd [1982] 2 NSWLR 517
R v Borkowski [2009] NSWCCA 102
Shannon v R [2006] NSWCCA 39
Attorney General's Application No. 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146
R v Grube [2005] NSWCCA 140
R v Way [2004] NSWCCA 131; 60 NSWLR 168
MLP v R [2006] NSWCCA 271; 164 A Crim R 93
R v King [2009] NSWCCA 117
R v Knight [2007] NSWCCA 283; 176 A Crim R 338
R v Woods [2009] NSWCCA 55
R v AJP [2004] NSWCCA 434; 150 A Crim R 575
RJA v R [2008] NSWCCA 137
R v Davis [1999] NSWCCA 15
R v PGM [2008] NSWCCA 172
PARTIES: Karel Eedens v Regina
FILE NUMBER(S): CCA 2008/1967
COUNSEL: S Dowling - Crown
C Davenport - Applicant
SOLICITORS: S Kavanagh - Crown
S O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/1967
LOWER COURT JUDICIAL OFFICER: Knight DCJ
LOWER COURT DATE OF DECISION: 22/07/2008




                          2008/1967

                          MACFARLAN JA
                          HOWIE J
                          HISLOP J

                          FRIDAY 2 OCTOBER 2009
Karel EEDENS v R
Judgment

1 Macfarlan JA: I agree with Howie J.

2 HOWIE J: This is an application for leave to appeal against a sentence imposed in the District Court for an offence of sexual intercourse with a child under the age of 10 years. The offence is contrary to s 66A of the Crimes Act 1900 and carries a maximum penalty of imprisonment for 25 years. There is a standard non-parole period of 15 years. The applicant also asked the sentencing judge to take into account two matters on a Form 1 being an offence contrary to s 66A and an offence contrary to s 66C(1).

3 The applicant was sentenced to a term of imprisonment comprising a non-parole period of 9 years and a balance of term of 3 years. The sentence commenced on 14 May 2007 and the applicant is eligible to be released to parole on 13 May 2016.

4 There are…

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Eedens v R [2009] NSWCCA 254
Case
[2009] NSWCCA 254
Decision Date

CaseChat Overview and Summary

Eedens v R is a case concerning the sentencing of an individual for the sexual assault of a child under the age of ten. The matter was heard in the Court of Appeal. The defendant, Eedens, pleaded guilty to the charges brought against him. The primary legal issue before the court was whether the matters listed on the Form 1, which outlines the relevant considerations for sentencing, were appropriate in the context of this case. Additionally, the court had to determine whether the sentence imposed was excessive.

The court considered the statutory framework within which it was required to operate, particularly the provisions of the Sentencing Act. It examined whether the matters listed on the Form 1 were comprehensive and whether they adequately reflected the seriousness of the offence and the principles of sentencing. The court also assessed whether the sentence imposed was disproportionate, taking into account the gravity of the crime and the need for deterrence and denunciation. In reaching its decision, the court balanced the need to ensure that the sentence was appropriate for the crime with the necessity to provide some level of finality and final justice for the victim.

The court concluded that the matters listed on the Form 1 were appropriate and did not miss any significant consideration relevant to the case. It found that the sentence imposed was not excessive, given the nature of the offence and the need to uphold the principles of justice and deterrence. The appeal was dismissed, and the original sentence was upheld. The final orders of the court were that the appeal against sentence was dismissed, and the sentence imposed by the trial judge remained in place.

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

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Legal Principle Established

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