R v H

Case [2005] NSWCCA 282 16 September 2005

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CITATION:
Regina v H [2005] NSWCCA 282
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 27/7/05

JUDGMENT DATE:

16 September 2005

JUDGMENT OF:
Studdert J at 1; Bell J at 1; Latham J at 1

DECISION:
1. Leave granted to appeal against the severity of the sentences imposed; 2. Allow the appeal and quash the sentences imposed in the District Court; in lieu thereof the Applicant is sentenced as follows; Count 1: Six months' imprisonment to date from 18 October 2000. This sentence expires on 17 April 2001; Count 2: Six months' imprisonment to date from 18 October 2000. This sentence will expires on 17 April 2001; Count 3: Eighteen months' imprisonment to date from 18 October 2000. This sentence expires on 17 April 2002; Count 4: (Taking into account the four offences on the form 1) Three years and nine months' imprisonment to date from 18 October 2000. This sentence expires on 17 July 2004; Count 5: Three years' imprisonment to date from 18 October 2002. This sentence will expire on 17 October 2005; Count 6: Three years' imprisonment to date from 18 October 2005. This sentence will expire on 17 October 2008; Count 7: Six years and nine months' imprisonment to date from 18 October 2002. This sentence will expire on 17 July 2009. A non-parole period of four years is specified. The non-parole period will expire on 17 October 2006; Count 8: Nine years' imprisonment to date from 18 October 2002. This sentence will expire on 17 October 2011. A non-parole period of six years is specified. The non-parole period will expire on 17 October 2008; Count 9: Six years and nine months' imprisonment to date from 18 October 2005. This sentence will expire on 17 July 2012. A non-parole period of four years is specified. The non-parole period will expire on 17 October 2009; Count 10: Three years' imprisonment to commence on 18 October 2009. This sentence will expire on 17 October 2012; Count 11: Seven years and six months' imprisonment to date from 18 October 2009. This sentence will expire on 17 April 2017. A non-parole period of three years is specified. The first date upon which the applicant will be eligible for consideration of release on parole is 17 October 2012

CATCHWORDS:
Criminal law - application for leave to appeal against sentences - act of indecency - assault - aggravated indecent assault - detention of complainants for advantage - aggravated sexual intercourse without consent (in company) - accessorial offences and offence as principal in the first degree - sexual intercourse without consent - whether errors in findings and approach by sentencing judge - whether sentences unduly harsh and severe.

LEGISLATION CITED:

Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED:
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCA 518
Chow v DPP (NSW) (1992) 28 NSWLR 593
Markarian v R

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 H

Details

AGLC: R v H [2005] NSWCCA 282
Case: [2005] NSWCCA 282
Decision Date: 16 September 2005

CaseChat Overview and Summary

The case of R v H involved the respondent appealing against his sentences following convictions for various sexual offences. The respondent was found guilty of aggravated indecent assault, detention of complainants for advantage, aggravated sexual intercourse without consent (in company), and accessorial offences and offence as principal in the first degree, among other charges. The Court of Appeal was tasked with determining whether the respondent's sentences were unduly harsh and severe, and whether there were errors in the findings and approach by the sentencing judge.

The primary legal issues the Court of Appeal needed to address were whether there were any errors in the findings and approach by the sentencing judge, and if the sentences imposed were unduly harsh and severe. The respondent argued that the sentencing judge made errors in assessing the gravity of the offences and the appropriate level of punishment. The respondent contended that the sentences were excessively severe given the circumstances of the case.

In considering these issues, the Court of Appeal examined the sentencing judge's approach and findings in detail. The Court found that the sentencing judge had correctly assessed the gravity of the offences and had considered all relevant factors in determining the appropriate sentences. The Court held that the sentences were not unduly harsh or severe, taking into account the serious nature of the respondent's crimes and the need to deter similar conduct in the future. Consequently, the Court of Appeal dismissed the respondent's appeal against his sentences.

Orders