AB v R [2020] NSWCCA 170

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB v R [2020] NSWCCA 170 Hearing dates: 10 July 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Before: Hoeben CJ at CL at [1] Adamson J at [2] Bellew J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Where applicant pleaded guilty to four counts of aggravated indecent assault of a person under 16 and one count of inciting a person under 16 to commit an act of indecency – Grounds of appeal drafted by self-represented applicant – Whether sentencing judge erred in assessing special circumstances – Whether sentencing judge intended a modest reduction in the non-parole period – Whether sentencing judge erred in assessing the applicant's prospects of rehabilitation – Whether sentence was manifestly excessive – No error established – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Bell v R [2019] NSWCCA 271 Caristo v R [2011] NSWCCA 7 Gumbleton v R [2017] NSWCCA 314 Jiang v R [2010] NSWCCA 277 Maglis v R [2010] NSWCCA 247 Park v R [2020] NSWCCA 90 R v Cramp [2004] NSWCCA 264 R v Fidow [2004] NSWCCA 172 R v Goodwin (1990) 51 A Crim R 328 Category: Principal judgment Parties: AB – Applicant Regina – Respondent Representation: Counsel: Applicant – Self-represented M Kumar – Crown