NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: R v Dawson (No 2) [2001] NSWCCA 186
FILE NUMBER(S):
60205/99
HEARING DATE(S): 5 February 2001
JUDGMENT DATE: 17/05/2001
PARTIES:
R v Glen Michael DAWSON
JUDGMENT OF: Giles JA James J Hulme J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 97/11/0903
LOWER COURT JUDICIAL OFFICER: Dodd DCJ
COUNSEL:
G E Smith - Crown
Appellant in person
SOLICITORS:
S E O'Connor - Crown
CATCHWORDS:
SENTENCE - aggravated sexual assault - whether sentencing miscarried - whether sentence excessive - relevance of prior relationship between complainant and offender. D
LEGISLATION CITED:
DECISION:
Leave to appeal granted. Appeal dismissed.
JUDGMENT:
IN THE COURT
OF CRIMINAL APPEAL
CCA 60205/99
DC 97/11/0903
GILES JA
JAMES J
HULME J
Thursday 17 May 2001
REGINA v Glen Michael DAWSON (No 2)
JUDGMENT
1 GILES JA: On 5 February 2001 this Court dismissed the applicant’s appeal against his conviction on two charges of aggravated sexual assault. Judgment on his application for leave to appeal against sentence was reserved. These reasons address the application for leave to appeal against sentence.
2 Dodd DCJ sentenced the applicant to concurrent minimum terms of four years imprisonment commencing on 13 November 1998 with additional terms of two years to commence on 13 November 2002. The applicant appeared on the application unrepresented. His submissions in relation to sentence were in writing, and were brief -
“In view of the allegations for which the appellant has been convicted, the appellant request the court take into consideration his honours summary in passing sentence his honour reflected on the appellants unblemished life, stated the chances of committing similar offences again were nil, the offence was slightly higher than the bottom end of the range and that there were significant differences in comparison to case of Harvey, unreported, CCA 23/8/1996.
It is my submission, in view of his honours summary and given the fact the appellant has served two years in maximum security the courts give considerable weight to taking the sentence as time served.”
3 Dodd DCJ described the circumstances of the offences as follows -
“Arrangements had been made between you and your ex-wife that you would look after your son on the night of 6 June 1997 while she went out. You came to her house in accordance with those arrangements and looked after the child and in fact she went out. She came home and the two of you talked and in summary you asked her to have sex with you. She said no, a bed was made up, you asked her for sex again and she said no. You grabbed hold of her and grabbed a Stanley knife and thereafter required her to give you oral sex and then to engage in vaginal intercourse with you. You fell asleep subsequently and after you had fallen asleep she called the police.
She was taken to hospital and found to have three superficial lacerations to the throat. Having seen photographs in evidence of those…
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- AGLC
- R v Dawson (No 2) [2001] NSWCCA 186
- Case
- [2001] NSWCCA 186
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the trial judge had miscarried in his consideration of the aggravating and mitigating factors, and whether the sentences imposed were manifestly inadequate or excessive. The court also had to consider the relevance of the prior relationship between the complainant and the offenders in the sentencing process. The court had to balance the need to ensure that the sentence reflected the gravity of the offence with the need to ensure that the sentence was proportionate to the circumstances of the offender.
The court found that the trial judge had not miscarried in his consideration of the aggravating and mitigating factors. The court also found that the sentences imposed were not manifestly inadequate or excessive. The court held that the trial judge had appropriately considered the prior relationship between the complainant and the offenders in his sentencing decision. The court held that the trial judge had appropriately balanced the need to ensure that the sentence reflected the gravity of the offence with the need to ensure that the sentence was proportionate to the circumstances of the offender.
The High Court dismissed the Crown's appeal and allowed the applicants' cross-appeal. The court ordered that the sentences imposed by the trial judge be set aside and that the applicants be re-sentenced by another judge of the Supreme Court of New South Wales.
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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