Thomas William Bell v Gary Ian Griffths [1981] FCA 114

Thomas William Bell v Gary Ian Griffths [1981] FCA 114

The appeal is allowed and sentences below set aside. For attempted carnal knowledge, appellant is sentenced to nine months' imprisonment, to be released after one month upon entering into recognizance of $200 for good behaviour for two years. For indecent assault, sentenced to three months' imprisonment, to be released after one month upon recognizance. Sentences are concurrent and dated from judgment day. Public interest is served by a short term of imprisonment given isolated nature of offence and remorse.

Parties
Appellant: Mr Bell; Co Offender: Mr Pasquerrello; Respondent: The Crown; Victim: Tanya Maree Robson; Victim: Kim Katrina Robson
Jurisdiction
Australia
Judgment Date
14 April 1981
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Sexual Offences, Sentencing, Appeals
Criminal Law Sexual Offences Sentencing Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Bell

Appellant

Mr Pasquerrello

Co Offender

The Crown

Respondent

Tanya Maree Robson

Victim

Kim Katrina Robson

Victim

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether sentences imposed for attempted carnal knowledge and indecent assault were appropriate.
  2. 2 Whether sentences should be suspended or altered on appeal.

Ratio Decidendi

The appeal is allowed and sentences below set aside. For attempted carnal knowledge, appellant is sentenced to nine months' imprisonment, to be released after one month upon entering into recognizance of $200 for good behaviour for two years. For indecent assault, sentenced to three months' imprisonment, to be released after one month upon recognizance. Sentences are concurrent and dated from judgment day. Public interest is served by a short term of imprisonment given isolated nature of offence and remorse.

Court Disposition

appeal allowed

Orders

  • Sentences below set aside.
  • Appellant sentenced to nine months imprisonment for attempted carnal knowledge; to be released after one month upon entering into recognizance of $200 for two years' good behaviour.