Watson v R [2020] NSWCCA 215

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Watson v R [2020] NSWCCA 215 Hearing dates: 24 August 2020 Date of orders: 24 August 2020 Decision date: 25 August 2020 Before: Johnson J at [1]; Davies J at [2]; Adamson J at [3] Decision: (1) Extend the time for filing of the appeal and the application for leave to appeal to 5 August 2020. (2) Allow the appeal against the convictions for Counts 1 and 2. (3) Quash the convictions for Counts 1 and 2 and set aside the aggregate sentence imposed for those offences. (4) Grant leave to appeal against the aggregate sentence for Counts 3 and 4. (5) Allow the appeal against sentence for Counts 3 and 4. (6) Quash the aggregate sentence for Counts 3 and 4. (7) Pursuant to s 12(2) Criminal Appeal Act 1912, remit Counts 3 and 4 to the District Court of New South Wales for sentence. The Court notes that the matter has been listed before his Honour Judge Mahony SC at 10.00 am on 27 August 2020 for a sentence hearing with respect to Counts 3 and 4. (8) The Court dispenses with bail with respect to Count 3 and 4 pursuant to s 10 Bail Act 2013. In determining to dispense with bail with respect to Counts 3 and 4, the Court notes that Counts 3 and 4 will be next before the District Court on 27 August 2020 and that there is a protective regime in place under s 7 Child Protection (Offenders Prohibition Orders) Act 2014 which is on foot until those matters are next before the Parramatta Local Court on 28 August 2020. (9) The Court will give written reasons as soon as practicable. Catchwords: CRIME — Appeals — Appeal against convictions for non-compliance with Child Protection Prohibition Order and reporting requirements — Child Protection Prohibition Order annulled — Not contested by Crown CRIME — Appeals — Appeal against sentence — Where two aggregate sentences imposed for State and Commonwealth offences — Where aggregate sentence imposed for Commonwealth offences must be set aside — Remittal to sentencing judge Legislation Cited: Bail Act 2013 (NSW), s 10 Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), ss 7, 13 Child Protection (Offenders Registration) Act 2000 (NSW), ss 3A, 17, 20A Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW) Crimes Act 1914 (Cth), s 20AB Crimes (Appeal and Review) Act 2001 (NSW), s 10 Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A Criminal Appeal Act 1912 (NSW), ss 5, 6, 7, 12 Criminal Code (Cth), s 474.19 Judiciary Act 1903 (Cth), s 68 Sentencing Act 1995 (NT), s 52 Cases Cited: Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301; (2017) 270 A Crim R 556 Kannis v R [2020] NSWCCA 79 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Category: Principal judgment Parties: Jessica Watson (Applicant) Regina Representation: Counsel: A Healey (Applicant) G Lewer (Crown)