Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: NG v R [2017] NSWCCA 161 Hearing dates: 02 May 2017 Date of orders: 05 July 2017 Decision date: 05 July 2017 Before: Johnson J
Beech-Jones J
Fagan JDecision: 1. Leave to appeal is granted.
2. The sentences imposed in the District Court by Acting Judge Delaney on 19 August 2016 are quashed.
3. In lieu thereof, the applicant is sentenced to an aggregate sentence of imprisonment of 12 years and 7 months comprising a non-parole period of 9 years and 6 months commencing on 17 February 2016 and expiring on 16 August 2025, with a balance of term of 3 years and 1 month commencing on 17 August 2025 and expiring on 16 September 2028.
4. The earliest date upon which the applicant will be eligible for release on parole is 17 August 2025.Catchwords: CRIMINAL LAW – appeal against sentence – offences against ss 66A, 66C Crimes Act 1900 – where trial judge considered incorrect maximum penalty for s 66A offence
CRIMINAL LAW – appeal against sentence – five counts of historical offences against ss 76, 76A Crimes Act 1900 – three offences charged with two on Form 1 – whether trial judge erred in determining objective seriousness of offences – where trial judge confused substantive count with Form 1 count when determining sentence
CRIMINAL LAW – appeal against sentence – resentencing for historical offences – s 76 Crimes Act 1900 contemplates a broad range of offending conduct – lesser maximum penalty than subsequently enacted provisions that encompass the same conduct – historical sentencing patterns for sexual offences – non-parole periods for historical offencesLegislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: AJB v R [2007] NSWCCA 51; 169 A Crim R 32
Andreata v R [2015] NSWCCA 239
BP v R [2010] NSWCCA 303
Donaghey v R [2015] NSWCCA 119
Henderson v R [2016] NSWCCA 8
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Magnuson v R [2013] NSWCCA 50
MPB v R [2013] NSWCCA 213; 234 A Crim R 576
Panetta v R [2016] NSWCCA 85
R v De Simoni (1981) 147 CLR 383; [1981] HCA 31
R v Ellis (1986) 6 NSWLR 603
R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129
RR v R [2011] NSWCCA 235; 216 A Crim R 489
TO v R [2017] NSWCCA 12Category: Principal judgment Parties: NG (applicant)
Regina (respondent)Representation: Counsel:
Solicitors:
Ms Jane Paingakulam (applicant)
Ms Helen Roberts (respondent)
Legal Aid NSW (applicant)
Solicitor for Public Prosecutions (respondent)
File Number(s): 2014/251890;2016/051689 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- Not published
- Date of Decision:
- 19 August 2016
- Before:
- Delaney ADCJ
- File Number(s):
- 2014/251890; 2016/051689
Judgment
-
THE COURT: NG applies for leave to appeal against an aggregate sentence imposed on him in the District Court for two…
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- AGLC
- NG v The Queen [2017] NSWCCA 161
- Case
- [2017] NSWCCA 161
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trial judge had erred in considering the maximum penalty for the section 66A offence and whether the trial judge had confused the substantive count with a count on Form 1 when determining the objective seriousness of the offences. The court also had to consider whether the trial judge had failed to adequately consider historical sentencing patterns for sexual offences when determining the non-parole periods for the historical offences.
The court found that the trial judge had erred in considering the maximum penalty for the section 66A offence. The court found that the trial judge had confused the substantive count with a count on Form 1 when determining the objective seriousness of the offences. The court also found that the trial judge had failed to adequately consider historical sentencing patterns for sexual offences when determining the non-parole periods for the historical offences. The court held that the appeal should be allowed and that the appellant should be resentenced. The court held that the trial judge had failed to adequately consider historical sentencing patterns for sexual offences and that the non-parole periods for the historical offences should be reduced.
The court ordered that the appellant be resentenced for the historical offences. The court ordered that the non-parole periods for the historical offences be reduced. The court did not order any changes to the sentences for the section 66A and 66C offences.
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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Legal Principle Established
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