Appeal Outcome: Special leave dismissed by the High Court 10 March 2010 (S277/2009)
New South Wales
Court of Criminal Appeal
CITATION: GSH v R ; R v GSH [2009] NSWCCA 214 HEARING DATE(S): 27 May 2009
JUDGMENT DATE:
25 August 2009JUDGMENT OF: Giles JA at 1; Howie J at 2; Latham J at 3 DECISION: 1. Dismiss the appeal against conviction.
2. Allow the Crown appeal against sentence.
3. The sentences imposed on 19 September 2008 are set aside.
4. On each of count 1 and count 4, a non parole period of 2 years and 6 months is imposed, to date from 19 March 2007, expiring 18 September 2009, with a balance of term of 10 months, expiring 18 July 2010.
5. On count 2, a non parole period of 5 years is imposed, to date from 19 March 2008, expiring 18 March 2013, with a balance of term of 18 months, expiring 17 September 2014.
6. The respondent is eligible for release on 19 March 2013.CATCHWORDS: CRIMINAL LAW - conviction appeal and Crown appeal against sentence - aggravated indecent assault - whether verdicts are unreasonable and cannot be supported by the evidence - time of the essence - whether inconsistencies in accounts given by 9 year old complainant over the course of three interviews give rise to a reasonable doubt that offences occurred on specified date - quality of interview process - error in length of standard non parole period - error in imposing fixed term for offence with standard non parole period - manifest inadequacy. LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Amendment Act 2007CASES CITED: M v The Queen (1994) 181 CLR 487
MFA v The Queen (2002) 213 CLR 606
Burrell v R [2009] NSWCCA 193
Zaphir v R [2009] NSWCCA 124
SKA v R ; R v SKA [2009] NSWCCA 186
R v NZ [2005] NSWCCA 278; (2005) 63 NSWLR 628
Kershaw v R [2009] NSWCCA 19
R v Terkmani [2009] NSWCCA 142
Ivimy v R [2008] NSWCCA 25
SGJ v R [2008] NSWCCA 258PARTIES: GSH - Appellant
Regina - CrownFILE NUMBER(S): CCA 2007/00013512 COUNSEL: T Game SC - Appellant
N Noman - CrownSOLICITORS: S Kavanagh (Solicitor for Public Prosectuions) - Appellant
Steve O'Connior (Legal Aid Commission) - CrownLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 07/21/3291 LOWER COURT JUDICIAL OFFICER: Coorey DCJ LOWER COURT DATE OF DECISION: 19 September 2008
2007/00013512
25 AUGUST 2009GILES JA
HOWIE J
LATHAM J
G S H v REGINA
REGINA v G S H
1 GILES JA : I agree with Latham J.
2 HOWIE J : I agree with Latham J.
3 LATHAM J : The appellant was convicted after trial on three counts (counts 1, 2 and 4 on the indictment) of Aggravated Indecent Assault pursuant to s 61M(2) of the Crimes Act 1900, each carrying a maximum penalty of 10 years imprisonment and a standard non parole period of 8 years. The appellant…
Keep reading for free
Create a free CaseChat account to read GSH v R; R v GSH and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] NSWCCA 214
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the verdicts were unreasonable and whether the inconsistencies in the complainant's accounts raised a reasonable doubt about the timing of the offences. The court also needed to assess whether there were errors in the interview process and whether the sentence imposed was manifestly inadequate. The court examined the quality of the interview process and whether the sentence was sufficiently punitive given the nature of the offences. In particular, the court considered whether the error in the length of the standard non-parole period and the imposition of a fixed term for an offence with a standard non-parole period constituted a manifest inadequacy.
The High Court held that the appellant's appeal against conviction and sentence was dismissed. The court found that the jury's verdict was not unreasonable and could be supported by the evidence. The court also found that the inconsistencies in the complainant's accounts did not give rise to a reasonable doubt about the timing of the offences. The court held that the error in the length of the standard non-parole period and the imposition of a fixed term for an offence with a standard non-parole period did not constitute a manifest inadequacy. The court further found that the sentence imposed was appropriate given the nature of the offences. The court upheld the conviction and 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.