R v Dunn

Case [2004] NSWCCA 346 21 December 2004

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CITATION: Regina v Dunn [2004] NSWCCA 346

HEARING DATE(S): 18/08/04

JUDGMENT DATE:
21 December 2004

JUDGMENT OF: Handley JA at 1; James J at 1; Howie J at 1

DECISION: Appeal against conviction dismissed. Application for inquiry dismissed. Leave to appeal against sentences granted. Appeal against sentences allowed - Applicant re-sentenced

CATCHWORDS: CRIMINAL LAW - CONVICTION APPEAL - child sexual assault - plea of guilty at trial - whether Court will grant leave to applicant to withdraw his pleas of guilty - SENTENCE APPEAL - whether sentences exceeded range of sentences which had been imposed on other child sexual assault offenders - close connection between applicant's case and another child sexual assault offender's case - patterns of sentencing at times more proximate to commission of offences

LEGISLATION CITED: Crimes Act
Criminal Procedure Act
Drug Misuse and Trafficking Act

CASES CITED: Pearce v The Queen (1998) 194 CLR 610
R v AB; unreported NSWCCA 7/7/1997; unreported CCA 6 December 2000
R v Allen; unreported NSW District Court 7/11/2000
R v Bayliss [2002] NSWCCA 11
R v Bell; unreported NSW District Court 12/2/1999
R v Boag (1994) 73 A Crim R 35
R v Davies; unreported NSWCCA 16/12/1993
R v Fisk; unreported NSWCCA 21/7/1998
R v Hill; unreported NSWCCA 7/7/1992
R v Merritt [2004] NSWCCA 19
R v MJR (2002) 54 NSWLR 368
R v Morgan (1993) 70 A Crim R 368
R v PLV (2001) 51 NSWLR 736
R v Sharma (2002) 54 NSWLR 300
R v Shore (1992) 66 A Crim R 37
R v Thomson (2000) 49 NSWLR 383
R v Tilley (1992) 109 FLR 155
R v Toro-Martinez (2000) 114 A Crim R 533
Wong v The Queen (2001) 207 CLR 584

PARTIES :
Regina v Robert Joseph DUNN

FILE NUMBER(S): CCA 60918/01

COUNSEL: BT Stratton QC - Applicant
D Frearson - Crown

SOLICITORS: -
S Kavanagh

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 98/11/0478

LOWER COURT
JUDICIAL OFFICER : Finnane DCJ

2001/2921 (60918/01)

HANDLEY JA
JAMES J
HOWIE J
Tuesday 21 December 2004

REGINA v Robert Joseph DUNN

Judgment

1 THE COURT : Robert Joseph Dunn appealed against his convictions for twenty-seven offences and applied for leave to appeal against the sentences imposed on him for those offences. He also applied to this Court for an order directing that an inquiry be held pursuant to Pt 13A of the Crimes Act . In this judgment it will be convenient generally to refer to Mr Dunn as “the applicant”.
2 On 26 June 2001 the applicant was arraigned in the District Court before his Honour Judge Finnane on an indictment containing twenty-seven counts. When arraigned the applicant pleaded guilty to all twenty-seven counts. These counts (substituting the initials of each complainant for the full name of the complainant) were as follows:-

“1. Between 9 March 1985 and 11 March 1987, at Chippendale in the State of New South Wales did commit an act of indecency with SD a person under the age of 16 years, namely 12…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dunn

Details

AGLC: R v Dunn [2004] NSWCCA 346
Case: [2004] NSWCCA 346
Decision Date: 21 December 2004

CaseChat Overview and Summary

Dunn appealed against his convictions and sentences for child sexual offences. The court had to decide whether to grant leave to Dunn to withdraw his pleas of guilty, and whether the sentences imposed were excessive. Dunn argued that he was coerced into pleading guilty and that the sentences were excessive given the patterns of sentencing for similar offences. The court found that there was no evidence of coercion and that the sentences were within the range of sentences imposed for similar offences. The court held that the sentences were not excessive, given the close connection between Dunn's case and another child sexual assault offender's case, and the patterns of sentencing at times more proximate to the commission of the offences.

The court concluded that there was no basis for granting leave to Dunn to withdraw his pleas of guilty, as the evidence did not support his claim of coercion. The court found that the sentences imposed were appropriate, given the nature and circumstances of the offences and the need to deter and protect the community from similar offences. The court dismissed Dunn's appeal against his convictions and sentences. The court held that the sentences were not excessive, given the close connection between Dunn's case and another child sexual assault offender's case, and the patterns of sentencing at times more proximate to the commission of the offences. The court found that the sentences imposed were within the range of sentences imposed for similar offences, and that there was no basis for finding that the sentences were excessive.

Orders