Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Van Ryn (No 3) [2016] NSWCCA 307 Hearing dates: On the papers Decision date: 16 December 2016 Before: Leeming JA; Johnson J; R A Hulme J Decision: 1. Crown appeal allowed.
2. Sentence imposed in the District Court on 9 September 2015 quashed.
3. Sentenced to an aggregate term of imprisonment of 17 years and 9 months with a non-parole period of 13 years and 4 months. The sentence will date from 10 December 2014. The offender will become eligible for release on parole at the end of the non-parole period which will expire on 9 April 2028. The total term will expire on 9 September 2032.Catchwords: CRIMINAL LAW – sentence – child sexual assault – redetermination of sentence following grant of special leave by High Court – where the Court was inadvertently misled as to the correct offence provision for one of many offences – where a lesser maximum penalty and standard non-parole period applied – where the Crown does not oppose the imposition of a lower aggregate sentence – indicative and aggregate sentence modestly reduced from original resentence Legislation Cited: Crimes Act 1900 (NSW) ss 61M(1), 61M(2)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 43Cases Cited: R v Van Ryn [2016] NSWCCA 1
R v Van Ryn (No 2) [2016] NSWCCA 160
Van Ryn v The Queen [2016] HCATrans 246
Van Ryn v The Queen [2016] HCATrans 268Category: Principal judgment Parties: Regina (Applicant)
Maurice Van Ryn (Respondent)Representation: Counsel:
Solicitors:
Ms S Dowling SC (Crown)
Mr C P Heazlewood (Respondent)
Solicitor for Public Prosecutions
David Griffiths Lawyers
File Number(s): 2014/178855 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 9 September 2015
- Before:
- Jeffreys DCJ
- File Number(s):
- 2014/178855
Judgment
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THE COURT: The applicant was sentenced in the District Court on 9 September 2015 to an aggregate term of imprisonment for 13 years with a non-parole period of 7 years.
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On 10 February 2016, this Court allowed a Crown appeal against the inadequacy of that sentence and replaced it with an aggregate term of imprisonment for 18 years with a non-parole period of 13 years and 6 months: R v Van Ryn [2016] NSWCCA 1 ("the principal judgment").
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The principal judgment (at [292]) set out the sentences the Court would have imposed if it had not imposed an aggregate sentence:
Count
Offence
Sentence
Non-parole period
(where SNPP prescribed)
1st Indictment
1
s 61M(1)
1 year 10 months
1 year 5 months
2
s 66EA
10 years 6 months
3
s 61M(2)
2 years 3 months
1 year 8 months
4 (Form 1)
s 61M(2)
3 years
2 years 3 months
5
s 61M(2)
2 years 3 months
1 year 8 months
6
s 61M(2)
2 years 2 months
1 year 7 months
7 (Form 1)
s 61M(2)
3 years
2 years 3 months
8
s 61M(2)
2 years 3 months
1 year 8 months
9
s 61M(2)
2…
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- AGLC
- R v Van Ryn (No 3) [2016] NSWCCA 307
- Case
- [2016] NSWCCA 307
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the error in identifying the correct offence provision warranted a reduction in the appellant's sentence. The Court had to consider whether the initial error had a material impact on the sentence and whether the appellant should benefit from the correction. Additionally, the Court needed to determine the appropriate level of sentence reduction, if any, in light of the error and the Crown's concession that they did not oppose a lower aggregate sentence.
The Court found that the inadvertent error did indeed lead to an overestimation of the penalties for one of the offences. Given the Crown's concession, the Court opted to modestly reduce both the indicative and aggregate sentences from the original resentence. This reduction was considered appropriate given the circumstances, and the Court took care to ensure that the revised sentence remained reflective of the seriousness of the crimes committed. The outcome of the appeal resulted in a more accurate reflection of the penalties that should have applied under the correct legal provisions.
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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