WB v R [2020] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WB v R [2020] NSWCCA 159 Hearing dates: 12 June 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Before: Bell P at [1] Davies J at [2] N Adams J at [85] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash the sentence imposed by Judge Norton SC in the District Court on 1 August 2019. In lieu, sentence the appellant to an aggregate sentence of imprisonment for three years commencing 31 July 2019 and expiring 30 July 2022 with a non-parole period of two years expiring 30 July 2021. Catchwords: CRIMINAL LAW - appeals - sentencing - historical offences - indecent assaults of a male and attempted buggery SENTENCING - appeal against sentence - severity - applicant a young person at time of offending - where victim six years younger - where offending endured for a number of years and involved different forms of activity - some offences opportunistic and others involving planning - whether sentencing judge erred by assessing objective seriousness of four offences on a collective basis - whether sentencing judge failed to take into account the sentencing options under the Child Welfare Act 1939 (NSW) - whether sentencing judge erred in finding that the offending resulted in substantial injury - whether sentence manifestly excessive - appeal allowed Legislation Cited: Child Welfare Act 1939 (NSW) ss 4, 83 Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) ss 80, 81 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 25AA Cases Cited: Kerr v R [2016] NSWCCA 218; (2016) 78 MVR 191 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Jammeh [2004] NSWCCA 327 R v Pickett [2004] NSWCCA 389 R v Tuala [2015] NSWCCA 8; 248 A Crim R 502 TC v R [2016] NSWCCA 3 Zreika v R [2012] NSWCCA 44 at [28]; Texts Cited: Nil Category: Principal judgment Parties: WB (Applicant) Crown (Respondent) Representation: Counsel: I McLachlan (Applicant) M Millward (Respondent)