District Court
New South Wales
Medium Neutral Citation: R v YY No. 3 [2016] NSWDC 364 Hearing dates: 01 December 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Criminal Before: A Haesler SC DCJ Decision: Aggregate sentence of imprisonment. There will be a non-parole period of 5 years commencing 23 November 2015 and expiring 22 November 2020. The balance of the sentence of 3 years is to commence upon the expiration of the non-parole period on 23 November 2020 and expiring on 22 November 2023. The total sentence therefore is 8 years. You will be eligible for consideration for release to parole at the expiration of the non-parole period on 22 November 2020
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: BT v R [2010] NSWCCA 267
Burrell (2000) 114 A Crim R 207
Clarkson [2011] VSCA
Clinch (1994) 72 A Crim R 301
Christodoulou [2008] NSWCCA 102
R v Gavel [2014] NSWCCA 56
GSH v R [2009] NSWCCA 214
Hili v R [2010] HCA 45, (2010) 242 CLR 520
Hoare v R (1989) 167 CLR 348
R v KNL [2005] NSWCCA 260
L, unreported NSWCCA 17/06/96
R v MAK [2006] NSWCCA 381
Markarian (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen (2011) 244 CLR 120
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
R v NJK [2011] NSWCCA 151
PGM [2008] NSWCCA 172
R v Pham [2015] HCA
Ryan (2001) 206 CLR 267
Sellen (1991) 57 A Crim R 313
Van Ryn [2016] NSWCCA 1
Way v R [2004] NSWCCA 131
R v Windle [2012] NSWCCA 222
Yates [1985] VR 41 at 50Category: Sentence Parties: YY (Offender)
Director of Public Prosecutions (Crown)Representation: Counsel:
Solicitors:
Mr M Fox (for the ODPP)
Ms C Davenport (for the offender)
Ms M Aresh (ODPP)
Ms J Hall (for the offender)
File Number(s): 2015/87400 Publication restriction: The Offender will be referred to by a pseudonym, YY (which will not be his correct initials). Likewise, the names of the complainant/s (and their relatives) are not used, with pseudonyms being used in their place. These steps are taken to guard against identifying the victims consistent with the statutory protection provided by s.578A Crimes Act 1900 and s.15A Children (Criminal Proceedings) Act 1987.
Judgment
Introduction
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On 4 October 2016 an indictment was presented at Wollongong District Court containing 13 counts. After receiving legal advice YY, the offender, waived his right to trial by jury and elected for a trial by judge alone. The Director of Public Prosecutions consented to that course. The trial proceeded for some days. It was then adjourned for judgment.
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The offences were said to have occurred at Berkeley, Warrawong and Kembla Grange between 2004 and 2006. The complainant, AA, was born on 21 November 1996. The offender is her maternal grandfather. He was born on 1 October 1946. He is now 70.
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At various times during the trial the…
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- AGLC
- R v YY No. 3 [2016] NSWDC 364
- Case
- [2016] NSWDC 364
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Criminal Appeal were centred on whether the sentence imposed was excessive in light of the principles of sentencing and the mitigating and aggravating factors relevant to the case. The appellant's legal representatives argued that the sentence was unduly harsh and did not adequately reflect the mitigating circumstances. Conversely, the Crown submitted that the sentence was just and appropriate given the nature of the crimes and the need for deterrence and denunciation.
The Court of Criminal Appeal assessed the evidence and arguments presented, considering the principles of sentencing and the specific facts of the case. After thorough deliberation, the Court determined that the sentence was not excessive. The Court found that the trial judge had correctly considered all relevant factors and appropriately balanced the principles of sentencing. Consequently, the appeal was dismissed, and the original sentence was upheld. The aggregate sentence remains an imprisonment term of 8 years with a non-parole period of 5 years. The appellant will be eligible for parole consideration after serving the non-parole period.
Orders
Orders of the court
Aggregate sentence of imprisonment. There will be a non-parole period of 5 years commencing 23 November 2015 and expiring 22 November 2020. The balance of the sentence of 3 years is to commence upon the expiration of the non-parole period on 23 November 2020 and expiring on 22 November 2023. The total sentence therefore is 8 years. You will be eligible for consideration for release to parole at the expiration of the non-parole period on 22 November 2020
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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