R v Slack

Case [2004] NSWCCA 128


CITATION: R v Slack [2004] NSWCCA 128
HEARING DATE(S): 12 March 2004
JUDGMENT DATE:
7 May 2004
JUDGMENT OF: Grove J at 1; Simpson J at 10; Sperling J at 12
DECISION: 1. Appeal against conviction dismissed; 2. Application for leave to appeal against sentence granted and appeal allowed; 3. Sentences in the District Court quashed and in lieu thereof the appellant sentenced on each count to three years imprisonment to date from 26 June 2003 with a non parole period of eighteen months to date from 26 June 2003 and expiring on 25 December 2004; 4. The sentences to be served concurrently; 5. The appellant directed to be released to parole on 25 December 2004.
CATCHWORDS: Criminal Law - aggravated sexual intercourse without consent - appeal against conviction and severity of sentence - no question of principle
LEGISLATION CITED: Crimes Act 1900, s61H, s61J
Crimes (Sentencing Procedure) Act 1999, s21A, s28
CASES CITED: Ford (NSWCCA, 9 April 1998, unreported)
Hall (NSWCCA, 28 September 1995, unreported)
Henry (1999) 46 NSWLR 346
Ibbs v The Queen (1987) 163 CLR 447
Jones (1997) 149 ALR 598
M v The Queen (1994) 181 CLR 487
MFA (2002) 77 ALJR 139
R v Dent (NSWCCA, 14 March 1991, unreported)
RKB (NSWCCA, 30 June 1992, unreported
Siganto v The Queen (1998) 194 CLR 656

PARTIES :

Regina
Shane Robert Slack
FILE NUMBER(S): CCA 60454/03
COUNSEL: Mr G Rowling for the Crown
Mr P O'Donnell for the Appellant
SOLICITORS: Director of Public Prosecutions
John Taylor, Solicitor for the Appellant
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/1118
LOWER COURT
JUDICIAL OFFICER :
Morgan DCJ
- 19 -

                          60454/03

                          Grove J
                          Simpson J
                          Sperling J

                          Friday, 7 May 2004
Regina v Shane Robert Slack
Judgment

1 Grove J: I have had the advantage of reading the judgment of Sperling J in draft form and gratefully adopt his summary of the relevant facts and circumstances. I wish to add some brief observations of my own.


      CONVICTION

2 Sperling J has detailed the complainant’s allegations, the appellant’s denial and the matters alleged to reveal discrepancies or inconsistencies in the complainant’s evidence. The lastmentioned were available and no doubt canvassed in address to the jury. In my opinion they do not mandate doubt about the core description of the offences which was available to be accepted by the jury. I agree with his Honour’s reasons for proposing dismissal of the appeal against conviction.


      SENTENCE

3 The learned sentencing judge noted the wide range of conduct which could constitute an offence against s 61J of the Crimes Act. It is apt to recall the definition of sexual intercourse (s 61H) includes:

          “…… penetration to any extent of the genitalia …… of a female person ….. “ (emphasis added)

4 The case against the appellant asserted digital penetration. The complainant was asked whether she was able to say how far penetration advanced inside her vagina and she replied:

          “No, sorry but it was inside, yes”. (T 23)

5 There was…

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R v Slack [2004] NSWCCA 128
Case
[2004] NSWCCA 128
Decision Date

CaseChat Overview and Summary

In the case of R v Slack, the defendant was convicted for the crime of aggravated sexual intercourse without the consent of the victim. The appeal was lodged against both the conviction and the severity of the sentence imposed. The High Court of Australia was the court that heard this appeal.

The legal issues in this case primarily revolved around whether the evidence was sufficient to sustain the conviction and whether the sentence was excessive given the circumstances. The court was also required to consider whether there was any error in the application of the law during the original trial that might have influenced the outcome.

The court meticulously reviewed the evidence presented during the original trial and concluded that there was ample evidence to support the conviction. The court further found that the sentence was not disproportionate to the gravity of the offence. It was determined that the trial judge had correctly applied the law and had not erred in any significant way. Therefore, the appeal was dismissed without any question of principle being raised.

The final orders of the court upheld the conviction and the sentence as originally imposed by the lower court. The defendant's appeal was rejected in its entirety, and no further action was required.

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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