R v Hillsley
Case
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[1992] FCA 38
•11 FEBRUARY 1992
Details
AGLC
Case
Decision Date
The Queen v Hillsley, J.J. [1992] FCA 38 (105 ALR 560; (1992) 34 FCR 148; (1992) 59 A Crim R 187)
[1992] FCA 38
11 FEBRUARY 1992
CaseChat Overview and Summary
In the matter of R v Hillsley, the respondent appealed against the sentences imposed on him by the sentencing judge. The respondent was convicted of various offences including abduction, sexual intercourse with a child under the age of 14, and indecent assault involving attempted sexual intercourse with another child. The appeal was heard by the court of appeal which was required to determine whether the sentences were inadequate and whether the appellate court should interfere with the sentencing decision. The court considered the principles that guide the appellate court in cases of this nature and determined that the sentences imposed by the sentencing judge were inadequate. The court of appeal found that the sentences did not adequately reflect the seriousness of the offences and the need to protect the community. The court varied the sentences and imposed new sentences that it considered to be more appropriate. The court confirmed the head sentences of four years' imprisonment for abduction, seven years' imprisonment for sexual intercourse with a child, and seven years' imprisonment for sexual intercourse with the same child on a second occasion, to be served concurrently. The court also confirmed the sentence of five years' imprisonment for indecent assault involving attempted sexual intercourse on the other girl, to be served cumulatively upon the sentences referred to above. Finally, the court fixed a non-parole period of six years to date from 27 February 1990.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Sentencing
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Confirmation of Sentences
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Concurrent Sentences
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Cumulative Sentences
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Non-Parole Period
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Citations
The Queen v Hillsley, J.J. [1992] FCA 38 (105 ALR 560; (1992) 34 FCR 148; (1992) 59 A Crim R 187)
Most Recent Citation
R v SP [2004] ACTCA 16
Cases Cited
17
Statutory Material Cited
0
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