Hillman v R [2021] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hillman v R [2021] NSWCCA 43 Hearing dates: 17 February 2021 Decision date: 22 March 2021 Before: Hoeben CJ at CL at [1]; Price J at [87]; Davies J at [88] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal is allowed. (3) The sentence imposed by Shead SC DCJ on 26 July 2019 is quashed. (4) In lieu thereof, I impose an aggregate sentence of 19 years with a non-parole period of 14 years. The aggregate sentence is to commence on 29 January 2018. The applicant will be eligible for parole on 28 January 2032. Catchwords: CRIMINAL LAW – sentence appeal – persistent sexual abuse of a child contrary to s 66EA Crimes Act 1900 (NSW) – whether fact that some offences occurred in New Zealand with lower maximum penalties should have been taken into account by sentencing judge – whether adequate allowance made for prospects of rehabilitation – error in applying plea of guilty discount to aggregate sentence – sentence appeal allowed – need to re-sentence. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) Cases Cited: Burr v R [2020] NSWCCA 282 Hitchen v R [2010] NSWCCA 77 Jackson v R [2021] NSWCCA 15 Langbein v R [2008] NSWCCA 38 Mills v R [2017] NSWCCA 87 Mulato v Regina [2006] NSWCCA 282 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Fitzgerald (2004) 59 NSWLR 493; [2004] NSWCCA 5 R v Wilson [2005] NSWCCA 219 Stoeski v Regina [2014] NSWCCA 161 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: Douglas Terata Korie Hillman – Applicant Regina – Respondent Crown Representation: Counsel: S Kluss – Applicant S Traynor – Respondent Crown