R v Jarrold

Case [2010] NSWCCA 69


New South Wales
Court of Criminal Appeal

CITATION: R v Jarrold [2010] NSWCCA 69
HEARING DATE(S): 08/02/2010
 
JUDGMENT DATE: 

3 May 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 79
DECISION: 1. Appeal is allowed.
2. The sentences imposed in the District Court except that imposed for Count 6 are quashed and the respondent sentenced as follows:
Count 1: a fixed term of 12 months to date from 17 September 2009 and to expire on 16 September 2010.
Count 2: a fixed term of 8 months to commence on 17 July 2010 and expire on 16 March 2011.
Count 3: a fixed term of 12 months to commence on 17 March 2011 and expire on 16 March 2012.
Count 4: a fixed term of 6 months to date from 17 June 2011 and expire on 16 December 2011
Count 5: a fixed term of 12 months to date from 17 September 2011 and expire on 16 September 2012.
Count 7: a fixed term of 8 months to date from 17 September 2012 and to expire on 16 May 2013.
Count 8: a term of 3 years 9 months from 17 May 2013. This is made up of a non-parole period of 1 year 10 months to expire on 16 March 2015, being the date upon which the respondent is eligible to be released to parole. There is a balance of term of 1 year 11 months to commence on 17 March 2015.
CATCHWORDS: CRIMINAL LAW - Sentence - Crown appeal - offences of child sexual assault and pronography - whether sentences severally and in totality manifestly inadequate - whether judge erred in taking into account effects of protective custody - whether error in application of discount for guilty pleas - whether established pattern of sentencing for child sexual assault offences in 1970s - whether error in failing to accumulate some sentences - whether error in finding facts
LEGISLATION CITED: Criminal Appeal Rules - r 76
Crimes Appeal and Review Act 2001 - s 68A
CATEGORY: Principal judgment
CASES CITED: Clinton v R [2009] NSWCCA 276
R v S [2000] NSWCCA 13
R v Thomson and Houlton [2000] NSWCCA 309; 49 NSWLR 383
R v Borkowski [2009] NSWCCA 102
R v Moon [2000] NSWCCA 534; 117 A Crim R 497
R v MJR [2002] NSWCCA 129; (2002) 54 NSWLR 368
R v Roberts (NSWCCA, unreported, 1 November 1974)
R v Miller (NSWCCA, unreported, 29 July 1977);
R v Hill (NSWCCA, unreported, 11 July 1979)
R v Vince (NSWCCA, unreported, 28 May 1991)
R v Gore-Johnson (NSWCCA, unreported, 16 April 1992)
R v XX [2009] NSWCCA 115
Saddler v R [2009] NSWCCA 83
Mouscas v R [2008] NSWCCA 181
R v Sutton [2004] NSWCCA 225
R v JW [2010] NSWCCA 49
PARTIES: Regina v Ashleigh Edward Jarrold
FILE NUMBER(S): CCA 2009/7075
COUNSEL: M Grogan - Crown
P D Rosser QC - Respondent
SOLICITORS: S Kavanagh - Crown
John Anthony Solicitors - Respondent
LOWER…

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R v Jarrold [2010] NSWCCA 69
Case
[2010] NSWCCA 69
Decision Date

CaseChat Overview and Summary

In the matter of R v Jarrold, the respondent was convicted of multiple counts of child sexual assault and possession of child pornography. The Crown appealed the sentences imposed by the trial judge, arguing they were manifestly inadequate. The case was heard in the Court of Appeal, which had to determine whether the sentences were severally and in totality manifestly inadequate. The court also had to consider whether the judge erred in taking into account the effects of protective custody on the sentences, and if there was an error in applying a discount for the respondent's guilty pleas. Additionally, the court examined whether there was an established pattern of sentencing for child sexual assault offences in the 1970s, whether there was an error in failing to accumulate some sentences, and if there was an error in the finding of facts.

The court held that the sentences imposed by the trial judge were severally and in totality manifestly inadequate. The court found that the judge had erred in taking into account the effects of protective custody, which was not a proper consideration in determining the sentences. The court also held that there was an error in the application of the discount for guilty pleas, as the discount should have been greater. The court further found that there was no established pattern of sentencing for child sexual assault offences in the 1970s, and that there was an error in failing to accumulate some sentences. Finally, the court found that there was no error in the finding of facts.

The Court of Appeal quashed the sentences imposed by the trial judge and remitted the matter to the trial judge for resentencing. The court held that the trial judge should consider the principles of totality and proportionality in determining the sentences, and should not take into account the effects of protective custody. The court also held that the trial judge should apply a greater discount for the respondent's guilty pleas, and should accumulate some of the sentences. The Court of Appeal did not specify the appropriate sentences, leaving that decision to the trial judge.

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Background

Background to the litigation

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Evidence

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Decision

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