Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: R v ND [2016] NSWCCA 103 Hearing dates: 23 May 2016 Date of orders: 02 June 2016 Decision date: 02 June 2016 Before: Payne JA
Price J
Garling JDecision: (1) Appeal upheld.
(2) Sentence of the District Court (Norton SC DCJ) imposed on 6 November 2015 be quashed.
(3) In lieu thereof, for the offence against s 66A of the Crimes Act, the respondent be sentenced to a non-parole period of 4 years commencing on 6 November 2015 and expiring on 5 November 2019, with a balance of term of 2 years expiring on 5 November 2021.Catchwords: CRIMINAL LAW – Crown appeal against sentence –whether sentence manifestly inadequate – sexual intercourse with a child under the age of 10 years – s 66A Crimes Act 1900 (NSW) – whether sentencing Judge correctly assessed the objective seriousness of the offence – role of general deterrence, specific deterrence and denunciation Legislation Cited: Crimes Act 1900
Criminal Appeal Act 1912
Crimes (Sentencing Procedure) Act 1999Cases Cited: Corby v R [2010] NSWCCA 146
Dousha v R [2008] NSWCCA 263
EG v R [2015] NSWCCA 21
Everett v The Queen [1994] HCA 49; (1994) 181 CLR 295
MLP v R [2006] NSWCCA 271
PGM v R [2008] NSWCCA 172 at [43]-[44]
R v Simpson [2001] NSWCCA 534
R v Stoupe [2015] NSWCCA 175,
SW v R [2013] NSWCCA 255Texts Cited: Not Applicable Category: Principal judgment Parties: Regina (Applicant)
ND (Respondent)Representation: Counsel:
Solicitors:
H Baker (Crown)
S Fraser (Respondent
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Respondent)
File Number(s): 2013/352176 Publication restriction: The names of the respondent, the victim, the victim’s mother and the respondent’s wife are not to be published. Any description of the evidence or any other material which may lead to their identification is not to be published. Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 6 November 2015
- Before:
- Norton SC DCJ
- File Number(s):
- 2013/352176
Judgment
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THE COURT: This is a Crown appeal pursuant to s 5D(1) of the Criminal Appeal Act 1912 against a sentence imposed in the District Court by her Honour Judge Norton SC on 6 November 2015.
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The respondent, ND, was convicted by a jury on 3 September 2015 of an offence contrary to s 66A of the Crimes Act 1900, namely sexual intercourse with a child under the age of 10 years. He pleaded not guilty to the offence.
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Judge Norton sentenced the respondent to imprisonment for 2 years and 6 months with a non-parole period of 1 year and 8 months, commencing on 6 November 2015.
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At the time of sentence, the maximum penalty for the offence was imprisonment for 25 years. A standard non-parole period of 15 years applied.
Facts
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The facts, as set out by Norton SC DCJ in her Remarks on Sentence, may be summarised as follows.
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The respondent was born on 24…
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- AGLC
- R v ND [2016] NSWCCA 103
- Case
- [2016] NSWCCA 103
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Criminal Appeal were whether the trial Judge had correctly evaluated the objective seriousness of the offence, and whether the sentence imposed was manifestly inadequate. This involved an examination of the principles of general deterrence, specific deterrence, and denunciation in the context of the crime committed. The Court had to assess whether the sentence adequately reflected the gravity of the offence and the need to protect the community and the child involved.
The Court of Criminal Appeal considered the trial Judge's assessment of the objective seriousness of the offence, which included the inherent gravity of the crime, the vulnerability of the victim, and the need to protect the community. The Court noted that the trial Judge had considered these factors but found that the sentence imposed did not adequately reflect the objective seriousness of the offence. The Court emphasised the importance of general deterrence and the need to send a strong message about the unacceptability of such crimes. The Court concluded that the sentence was manifestly inadequate and ordered that a new sentence be imposed by the trial Judge.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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