Aryal v R [2021] NSWCCA 2

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aryal v R [2021] NSWCCA 2 Hearing dates: 26 November 2020 Decision date: 03 February 2021 Before: Johnson J at [1]; R A Hulme J at [2]; Wilson J at [67] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIME – sentence appeal – manifest excess – two counts of aggravated sexual assault in one episode – aggregate sentence - offender reckless as to accused's cognitive impairment – futile to attempt arithmetic as to accumulation and concurrency between indicatives and aggregate sentences – focus must be on whether aggregate reflects totality of criminality – sentence within judge's discretion given objective seriousness and no discounts – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 61J(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22A, 53A Cases Cited: Bell v R [2019] NSWCCA 251 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Kliendienst v R [2020] NSWCCA 98 Lee v R [2020] NSWCCA 244 Vaughan v R [2020] NSWCCA 3 Category: Principal judgment Parties: Brijesh Aryal (Applicant) Regina (Respondent) Representation: Counsel: Mr S Howell (Applicant) Ms E Wilkins SC (Crown)

Solicitors: Matouk Joyner Lawyers Solicitor for Public Prosecutions File Number(s): 2018/86059 Decision under appeal Court or tribunal: District Court Citation: [2020] NSWDC 67 Date of Decision: 19 February 2020 Before: Bourke SC DCJ File Number(s): 2018/86059