Regina v Barry [2001] NSWCCA 304

Regina v Barry [2001] NSWCCA 304

The application was refused because the acts of buggery against children who trusted the applicant were criminal conduct of a grave order and compelled the sentences imposed; the applicant's complaints about rehabilitation, delay, health, protective custody, comparative cases, statistics, and the fixed term on count 12 did not provide a good reason to reduce the sentences or non-parole periods.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
['buggery Involving Children' 'indecent Assault' 'non Parole Period' 'protective Custody' 'rehabilitation' 'special Circumstances']
['criminal Law' 'sentencing'] ['buggery Involving Children' 'indecent Assault' 'non Parole Period' 'protective Custody' 'rehabilitation' 'special Circumstances']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the concurrent sentences for buggery, including 8 years with a non-parole period of 5 years on counts 5 and 10 and a 5 year fixed term on count 12, were excessive.' 'Whether the sentencing judge erred in applying sections 44 and 45 of the Crime (Sentencing Procedure Act) 1999 by imposing a fixed term for count 12 without giving reasons.' "Whether the applicant's age, health, protective custody, prior record, delay since the offences, and absence of later relevant convictions justified a lesser sentence or non-parole period."]

Ratio Decidendi

The application was refused because the acts of buggery against children who trusted the applicant were criminal conduct of a grave order and compelled the sentences imposed; the applicant's complaints about rehabilitation, delay, health, protective custody, comparative cases, statistics, and the fixed term on count 12 did not provide a good reason to reduce the sentences or non-parole periods.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['Application for leave to appeal dismissed']