REGINA v ROMANO [2004] NSWCCA 380

REGINA v ROMANO [2004] NSWCCA 380

The Court found that sentences imposed on counts 3, 6, and 8 were excessive due to improper accumulation, and that the non-parole period for count 9 was incorrectly calculated without proper regard for accumulation and utilitarian discount. The overall sentence was adjusted to appropriately account for individual errors and the impact of guilty pleas, yielding a total sentence of eleven years and three months with earliest parole after eight years.

Jurisdiction
Australia
Judgment Date
04 November 2004
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal allowed; sentences varied and reduced
Legal Topics
['child Prostitution' 'sexual Offences' 'attempting to Pervert the Course of Justice' 'sentencing' 'utilitarian Discount' 'accumulation of Sentences' 'prior Good Character' 'special Circumstances in Sentencing']
['criminal Law'] ['child Prostitution' 'sexual Offences' 'attempting to Pervert the Course of Justice' 'sentencing' 'utilitarian Discount' 'accumulation of Sentences' 'prior Good Character' 'special Circumstances in Sentencing']

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed were excessive' 'Appropriateness of accumulation and concurrency of sentences' 'Effect and calculation of utilitarian discount for guilty pleas' 'Significance of prior good character' 'Calculation of non-parole period in light of accumulation' 'Whether analogy to aggravated sexual assault is appropriate in sentencing']

Ratio Decidendi

The Court found that sentences imposed on counts 3, 6, and 8 were excessive due to improper accumulation, and that the non-parole period for count 9 was incorrectly calculated without proper regard for accumulation and utilitarian discount. The overall sentence was adjusted to appropriately account for individual errors and the impact of guilty pleas, yielding a total sentence of eleven years and three months with earliest parole after eight years.

Court Disposition

Appeal allowed; sentences varied and reduced

Orders

  • ['Grant leave to appeal' 'Quash sentences of three years and nine months on counts 3 and 6 and substitute concurrent fixed terms of two years and nine months to commence on 21 August 2003 and expire on 20 May 2006' 'Quash sentence of one year and six months on count 8 and substitute a fixed term of one year and one...