R v H No. Sccrm-99-33 Judgment No. S180

[1999] SASC 180

R  v  H
[1999] SASC 180

Court of Criminal Appeal:  Doyle CJ, Prior and Mullighan JJ

1. DOYLE CJ:               This is an application for leave to appeal against sentence.  The applicant pleaded guilty to three counts of unlawful sexual intercourse.  The maximum penalty for each offence is imprisonment for a period not exceeding seven years.  The judge imposed a single sentence of imprisonment for 8 years and six months and fixed a non-parole period of five years.  Leave to appeal against sentence was refused by Debelle J.

2. By application dated 8 April 1999 the applicant applied to have determined by the Full Court his application for leave to appeal against sentence.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Supreme Court Criminal Appeal Rules.  The Court for that purpose comprised me, Prior J and Mullighan J.

3. In our opinion the proposed appeal has no reasonable prospect of success.  The sentence imposed is well within the range that is appropriate for the offence in question.  Support for the sentence imposed can be found in the decision of this Court in The Queen v D (1997) 69 SASR 413. Neither the notice of appeal nor the matters submitted before Debelle J identify any arguable error by the sentencing judge.

4. In our opinion the appeal having no reasonable prospect of success, leave to appeal should be refused.  Accordingly, the order of the Court is that leave be refused.  The application is refused.