Stephens v The The King

Court of Criminal Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Stephens v R [2022] NSWCCA 224
Hearing dates: 9 July 2021
Date of orders: 14 October 2022
Decision date: 14 October 2022
Before: Simpson AJA, Davies J, Button J
Decision:
(1) The applicant is sentenced to an aggregate head sentence of imprisonment for 4 years 6 months commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months that expired on 25 May 2022.

Category: Consequential orders
Parties: Peter Leonard Stephens (Appellant)
The Crown
Representation:
Counsel:
O P Holdenson QC/J O’Connor (Appellant)
D Kell SC/M W R Adams (Crown)
Solicitors:
Macedone Legal (Appellant)
Director of Public Prosecutions (Crown)

File Number(s): 2017/331553
Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of the name of, or any matter which could identify the complainant, is prohibited.
Decision under appeal

Court or tribunal:

District Court of NSW

Jurisdiction:

Criminal

Date of Decision:

13 November 2019

Before:

Woodburne SC DCJ

File Number(s):

2017/331553

ORDERS

THE COURT:

For count 1, an indicative head sentence of imprisonment for 1 year is recorded.

For count 2, an indicative head sentence of imprisonment for 3 years is recorded.

For count 3, an indicative head sentence of imprisonment for 3 years is recorded.

Order:

The applicant is sentenced to an aggregate head sentence of imprisonment for 4 years 6 months commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months on 25 May 2022.

The first date upon which the applicant became eligible for consideration for release to parole was 25 May 2022.

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Amendments

27 October 2022 - Refer to judgment [2022] NSWCCA 227.

CaseChat Overview and Summary

The Court of Criminal Appeal in New South Wales heard an appeal from Peter Leonard Stephens, who was convicted by the District Court of three counts of aggravated sexual assault against a child. The Crown sought to appeal the sentence handed down by the District Court, arguing that it was too lenient. The appeal was heard on 9 July 2021, and the Court handed down its decision on 14 October 2022.

The central legal issue before the Court of Criminal Appeal was whether the sentence imposed by the District Court was manifestly inadequate. The Crown argued that the sentence did not reflect the gravity of the offences and failed to adequately deter the appellant and others from committing similar crimes. The appellant's legal team contended that the sentence was appropriate given the circumstances and that the District Court had adequately considered the relevant factors.

The Court of Criminal Appeal held that the sentence imposed by the District Court was manifestly inadequate and did not reflect the seriousness of the offences. The Court found that the District Court had failed to adequately consider the impact of the offences on the victim and the need for general deterrence. The Court noted that the offences involved the sexual assault of a child and were of a high degree of culpability. The Court also considered the appellant's criminal history, which included previous convictions for sexual offences against children. The Court of Criminal Appeal ordered that the appellant be sentenced to an aggregate head sentence of imprisonment for 4 years 6 months, with a non-parole period of 2 years 9 months.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Stephens v R [2022] NSWCCA 224
Hearing dates:	9 July 2021
Date of orders:	14 October 2022
Decision date:	14 October 2022
Before:	Simpson AJA, Davies J, Button J
Decision:	(1) The applicant is sentenced to an aggregate head sentence of imprisonment for 4 years 6 months commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months that expired on 25 May 2022.
Category:	Consequential orders
Parties:	Peter Leonard Stephens (Appellant) The Crown
Representation:	Counsel: O P Holdenson QC/J O’Connor (Appellant) D Kell SC/M W R Adams (Crown) Solicitors: Macedone Legal (Appellant) Director of Public Prosecutions (Crown)
File Number(s):	2017/331553
Publication restriction:	Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of the name of, or any matter which could identify the complainant, is prohibited.
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 13 November 2019 Before: Woodburne SC DCJ File Number(s): 2017/331553