R v LS; R v MH [2020] NSWCCA 148

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v LS; R v MH [2020] NSWCCA 148 Hearing dates: 18 June 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Before: Bell P at [1]; Davies J at [2]; Wilson J at [3] Decision: (1) The Crown's appeal against the aggregate sentence imposed upon LS is upheld; (2) The sentence imposed upon LS in the District Court on 6 March 2020 is quashed; (3) In lieu, LS is sentenced to an aggregate sentence of 7 years imprisonment, to date from 6 February 2019 and expiring on 5 February 2026, with a non-parole period of 3 years and 6 months, expiring on 5 August 2022. (4) The Crown's appeal against the aggregate sentence imposed upon MH is upheld; (5) The sentence imposed upon MH in the District Court on 6 March 2020 is quashed; (6) In lieu, MH is sentenced to an aggregate sentence of 5 years imprisonment, to date from 6 February 2019 and expiring on 5 February 2024, with a non-parole period of 3 years, expiring on 5 February 2022. Catchwords: CRIME – SENTENCE APPEAL – Crown appeal against asserted manifest inadequacy of aggregate sentences – charges of possession, production, and dissemination of child abuse material – use child or consent to use child under 14 to produce child abuse material – aggravated indecent assault – incite act of indecency – respondents step-father and mother of child victim – very young child used to produce child abuse material – abuse of trust – question of whether sentencing judge erred in assessment of objective gravity Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115; (2013) 231 A Crim R 413 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Doumit v R [2011] NSWCCA 134 Faehringer v R [2017] NSWCCA 248 Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49 Imbornone v R [2017] NSWCCA 144 LS v R [2020] NSWCCA 27 Minehan v R [2010] NSWCCA 140; 201 A Crim R 243 Ponniah v The Queen [2011] WASCA 105 R v Brandt [2004] NSWCCA 3; 42 MVR 262 R v Booth [2009] NSWCCA 89 R v Cramp [2004] NSWCCA 264 R v CTG [2017] NSWCCA 163 R v Felton [2002] NSWCCA 443; 135 A Crim R 328 R v Hutchinson [2018] NSWCCA 152 R v PGM [2008] NSWCCA 172; (2008) 187 A Crim R 152 R v Quatami [2001] NSWCCA 353 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 WM v R [2020] NSWCCA 96 Woodward v R [2017] NSWCCA 44 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: The Crown (Appellant) LS (Respondent) MH (Respondent) Representation: Counsel: H Roberts (Crown) A Francis (LS) R Rodger (MH)