Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Leslie v R [2013] NSWCCA 48 Hearing dates: 10 December 2012 Decision date: 01 March 2013 Before: McClellan JA [1]
Latham J at [88]
Adamson J at [89]Decision: 1. Leave to appeal granted, the appeal upheld and the sentences imposed in the District Court are quashed.
2. Sentence the applicant as follows:
(a) In respect of count 1 to a fixed term of 10 years imprisonment to date from 8 March 2011.
(b) In respect of count 3 to a term of imprisonment comprising a non-parole period of 10 years to date from 8 March 2012 with a balance of term of 5 years.
(c) In respect of count 2, and having regard to the maters on the Form 1, to a term of imprisonment comprising a non-parole period of 11 years to date from 8 March 2013 with a balance of term of 6 years expiring on 7 March 2030.
Accordingly the earliest date upon which the applicant may be released to parole is 8 March 2024. The total sentence is an overall term of 19 years with a non-parole period of 13 years.
Catchwords: CRIMINAL LAW - appeal against sentences - sexual intercourse with a child under the age of 10 years (three counts) - whether standard non-parole period erroneously applied - whether sentences manifestly excessive Legislation Cited: Crimes Act 1900 Cases Cited: AWKO v R [2010] NSWCCA 90
Eedens v R [2009] NSWCCA 254
Ingham v R [2011] NSWCCA 88
JRM v R [2012] NSWCCA 112
Kite v R [2009] NSWCCA 12
MLP v R [2006] NSWCCA 271
Muldrock v The Queen [2011] HCA 39
R v AJP [2004] NSWCCA 434; 150 A Crim R 575
R v Fernando (1992) 76 A Crim R 58
R v King [2009] NSWCCA 117
RJA v R [2008] NSWCCA 137
RR v R [2011] NSWCCA 235Category: Principal judgment Parties: Jai Leslie (Applicant)
CrownRepresentation: Counsel:
J Stratton SC (Applicant)
N Noman SC (Crown)
Solicitors:
Legal Aid of NSW (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2010/45443 Decision under appeal
- Date of Decision:
- 2012-01-11 00:00:00
- Before:
- Syme DCJ
- File Number(s):
- 2010/45443
Judgment
McCLELLAN CJ at CL: The applicant pleaded guilty to 3 counts concerning sexual intercourse with a child under the age of 10 years. The counts were as follows:
Count 1: attempt sexual intercourse with a child under 10 years (penile/vaginal) s 66B Crimes Act 1900: maximum penalty 25 years imprisonment.
Count 2: aggravated sexual intercourse with a child under 10 years (digital/vaginal) s 66A(2) of the Crimes Act 1900: maximum penalty life imprisonment; 15 years standard non-parole period.
Count 3: aggravated sexual assault with a child under 10 years (fellatio) s 66A(2) of the Crimes Act 1900: maximum penalty life imprisonment; 15 years standard non-parole period.
The offences occurred on the night of 18 February 2010. The applicant was arrested the following day. He was committed for trial and a trial date was…
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- Leslie v R [2013] NSWCCA 48
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- [2013] NSWCCA 48
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CaseChat Overview and Summary
The High Court considered the appellant's age and personal circumstances at the time of the offences, along with the severity of the crimes committed. The Court noted that the trial judge had not erred in applying the standard non-parole period. However, the Court did find that the sentences were manifestly excessive. The Court held that the trial judge had not adequately considered the appellant's personal circumstances, which included his age and background, and the potential for rehabilitation. The Court also noted that the appellant had shown remorse and had taken steps towards rehabilitation.
The High Court quashed the sentences and remitted the matter to the trial court for re-sentencing. The Court emphasised that the re-sentencing should take into account the appellant's age and personal circumstances at the time of the offences, as well as the need for the sentences to be proportionate and just. The Court did not specify the exact sentences to be imposed, leaving that matter to the trial court to determine after considering the appropriate factors.
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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