AJO v Regina [2008] NSWCCA 28

AJO v Regina [2008] NSWCCA 28

Quashing of the conviction and sentence on count 4 is required as prosecution was statutorily barred; sentences on remaining counts require no reduction as the quashed sentence was wholly concurrent and did not add to actual custody; sentencing judge did not err in approach to applicant's juvenile status or in fixing sentences for counts 2 or 10.

Jurisdiction
Australia
Judgment Date
21 February 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From District Court
Outcome
Appeal allowed in part: conviction and sentence on count 4 quashed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['time Limitation for Prosecution' 'sentencing' 'totality' 'offences Against Children' 'sexual Offences' "jurisdiction of Children's Court"]
['criminal Law'] ['time Limitation for Prosecution' 'sentencing' 'totality' 'offences Against Children' 'sexual Offences' "jurisdiction of Children's Court"]

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From District Court

Legal Issues

  1. 1 ['Whether prosecution for count 4 barred by time limitation under now-repealed s 78 Crimes Act 1900' 'Whether sentences for other counts should be adjusted following quashing of count 4' 'Whether sentencing judge erred in approach to offences committed while applicant was a juvenile' 'Whether sentence for count 2 and count 10 were manifestly excessive']

Ratio Decidendi

Quashing of the conviction and sentence on count 4 is required as prosecution was statutorily barred; sentences on remaining counts require no reduction as the quashed sentence was wholly concurrent and did not add to actual custody; sentencing judge did not err in approach to applicant's juvenile status or in fixing sentences for counts 2 or 10.

Court Disposition

Appeal allowed in part: conviction and sentence on count 4 quashed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Conviction and sentence on count 4 quashed; verdict and judgment of acquittal entered on count 4.' 'Leave to appeal against sentence on other counts granted; appeal against sentence dismissed.']