Green, Al v The Queen

[2017] NSWCCA 282

Court of Criminal Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Green, Al v R [2017] NSWCCA 282

Hearing dates:

On the papers

Decision date:

28 November 2017

Before:

Basten JA at [1];
R A Hulme J at [71];
Garling J at [72]

Decision:

(1)   Grant leave to appeal with respect to the convictions entered on pleas of guilty.

 

(2)   Dismiss the appeal against the convictions.

 (3)   Refuse leave to appeal against the aggregate sentence.

Catchwords:

CRIME – appeal – application for leave to appeal against convictions – convictions based on pleas to sexual assaults committed in 1984 – application to withdraw pleas – refusal to allow applicant to withdraw pleas –whether applicant capable of understanding nature of charges against him at time of pleading – whether applicant intended to enter pleas – whether pleas induced by inappropriate conduct of legal representatives

  CRIME – appeal – application for leave to appeal against sentence – sexual assaults committed in 1984 – whether sentence manifestly excessive – whether inappropriate reliance on pre-sentence report – sentencing principles for historical offences – need for sentences to reflect objective seriousness of offending

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 19
Crimes Act 1900 (NSW), ss 61D, 61I, 90
Criminal Appeal Act 1912 (NSW), s 5

Cases Cited:

McIntosh v R [2015] NSWCCA 184
Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41
MPB v R [2013] NSWCCA 213; 234 A Crim R 576
R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129
Regina v SL [2004] NSWCCA 397
RL v R [2015] NSWCCA 106
Senior v R [2017] NSWCCA 220

Category:

Principal judgment

Parties:

Al Green aka Glen Alan Rozynski (Applicant)
Regina (Respondent)

Representation:

Counsel:
Applicant self-represented
Ms H Roberts (Respondent)

  Solicitors:
Applicant self-represented
Solicitor for Public Prosecutions (Respondent)

File Number(s):

2012/275374

 Decision under appeal 

Court or tribunal:

District Court

Jurisdiction:

Criminal

Date of Decision:

2 December 2016

Before:

Frearson SC DCJ

File Number(s):

2012/275374

Judgment

1. BASTEN JA: On the night of 13 January 1984 a 17 year old woman alleged she had been sexually assaulted in a car not far from the Hume Highway at Marulan. Although she went immediately to the police, the present applicant was not arrested and charged in relation to the assaults until 3 September 2012. The identification of the applicant resulted from a DNA profile which had been obtained from him and which matched that of semen taken from the complainant’s jumper following the assaults.

2. On 16 September 2013 the applicant entered pleas of guilty to an indictment containing five counts, namely:

(i)   detaining the complainant with intent to hold her for an advantage, namely sexual intercourse;

(ii)-(iv)   having sexual intercourse with the complainant without her consent and knowing that she had not consented; and

(v)   attempting to have sexual intercourse with the complainant without her consent and knowing that she had not consented.

The matter was listed for sentence on 16 January 2014.

3. The applicant…