Freeman v DPP (No. 2) [2020] NSWDC 333

District Court New South Wales

Medium Neutral Citation: Freeman v DPP (No. 2) [2020] NSWDC 333 Hearing dates: 25 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 49 Catchwords: CRIMINAL LAW – severity appeal following partially successful appeal against conviction – intentional sexual touching of victim aged between 10 and 16 – sentencing court imposed same sentence on two charges, to be served concurrently – whether setting aside conviction of one charge should result in variation to terms of sentence for the other charge – relevance of prior good character Legislation Cited: Crimes Act 1900 (NSW), ss 61HB, 66DB Crimes (Appeal and Review) Act 2001 (NSW), s 63 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A, 25AA Cases Cited: Freeman v DPP [2020] NSWDC 280 R v Hudson (unrep, 30/7/98, NSWCCA) R v Nelson [2016] NSWCCA 130 R v Tuala [2015] NSWCCA 8 Category: Principal judgment Parties: Director of Public Prosecutions Mr A Freeman Representation: Solicitors: Solicitor for the Director of Public Prosecutions Aubrey Brown Lawyers for the appellant File Number(s): 2019/144569 Publication restriction: Non Publication Order on the name of the complainant, each of the complainants' family members and persons connected to the complainant, or any information that may identify any of them.

Pseudonyms have been used for the name of the complainant, each of the family members of the complainant and persons connected to the complainant. Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Crime Citation: Unreported Date of Decision: 21 January 2020 Before: Magistrate S Olischlager File Number(s): 2019/144569