REGINA v. GREENAWAY [2000] NSWCCA 368

REGINA v. GREENAWAY [2000] NSWCCA 368

The conviction on count four could not stand because it could not be established whether the offence was under the repealed provision or the new provision, given the indeterminate date of commission; appeal allowed, conviction and sentence quashed and acquittal directed. Sentence on count three to be cumulative upon sentence on count five, with specified commencement and non-parole period.

Parties
Crown: Regina; Applicant: Donald Victor Greenaway
Jurisdiction
Australia
Judgment Date
12 September 2000
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; conviction and sentence on count four quashed and acquittal directed; leave to appeal against sentence granted and appeal allowed to make sentence on count three cumulative upon count five, with new dates for non-parole and sentence expiration.
Legal Topics
Appeal Against Conviction, Re Sentencing, Abolition and Replacement of Offence, Indecent Assault, Cumulation and Concurrence of Sentences
Criminal Law Appeal Against Conviction Re Sentencing Abolition and Replacement of Offence Indecent Assault Cumulation and Concurrence of Sentences

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Parties

Regina

Crown

Donald Victor Greenaway

Applicant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for count four could be sustained where the offence period spanned the abolition of one offence and creation of another and could not be precisely dated
  2. 2 Proper cumulation of sentences after conviction quashed on one count

Ratio Decidendi

The conviction on count four could not stand because it could not be established whether the offence was under the repealed provision or the new provision, given the indeterminate date of commission; appeal allowed, conviction and sentence quashed and acquittal directed. Sentence on count three to be cumulative upon sentence on count five, with specified commencement and non-parole period.

Court Disposition

Appeal allowed in part; conviction and sentence on count four quashed and acquittal directed; leave to appeal against sentence granted and appeal allowed to make sentence on count three cumulative upon count five, with new dates for non-parole and sentence expiration.

Orders

  • Extension of time to appeal against conviction (count four) granted.
  • Appeal against conviction on count four allowed.