AH v R [2020] NSWCCA 279

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AH v R [2020] NSWCCA 279 Hearing dates: 7 August 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Before: Macfarlan JA at [1] Fullerton J at [2] Button J at [93] Decision: 1. Leave to appeal is granted. 2. The appeal against sentence is upheld. 3. Quash the aggregate sentence imposed in the District Court on 6 September 2019 and in lieu thereof impose an aggregate sentence of 11 years' imprisonment commencing on 9 April 2015 and expiring on 8 April 2026 with a non-parole period of 7 years expiring on 8 April 2022. Catchwords: CRIME – appeals – appeal against sentence – 20 counts comprising 16 counts involving the sexual assault or indecent assault of two children under the age of 14 and 16 and 4 counts involving the use of a child for pornographic purposes or the production of child pornography – whether sentencing judge failed to take into account (properly or at all) mitigating factors – whether sentence breached totality principles – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Imbornone v R [2017] NSWCCA 144 Kentwell v The Queen (2014) 88 ALJR 947; [2014] HCA 37 Porter v R [2019] NSWCCA 117 Category: Principal judgment Parties: AH (Applicant) The Crown (Respondent) Representation: Counsel: I McLachlan (Applicant) D Patch (Crown)