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 2005JUDGMENT 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 1999CASES 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
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- R v H [2005] NSWCCA 282
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- [2005] NSWCCA 282
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CaseChat Overview and Summary
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.
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Background
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Evidence
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