Scrimshaw (a pseudonym) v R [2021] NSWCCA 81

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Scrimshaw (a pseudonym) v R [2021] NSWCCA 81 Hearing dates: 15 March 2021 Decision date: 30 April 2021 Before: Payne JA at [1]; Bellew J at [2]; Button J at [3] Decision: (1) Leave to appeal out of time granted. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: SENTENCING — appeal against sentence — erroneous application of standard non-parole period not in existence at time of offending — error conceded by Crown — other grounds not considered — consideration of resentence — penetrative sexual offending against natural daughter — offender previously incarcerated for penetrative sexual offences against at least one child — cognitive limitations but awareness of wrongfulness of actions — first instance total head sentence of imprisonment for 11 years with total non-parole period of 7 years — no lesser sentence warranted in law Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61N, 66C Crimes (Sentencing Procedure) Act 1999 (NSW), s 25AA Category: Principal judgment Parties: Adrian Scrimshaw (Applicant) The Queen (Respondent) Representation: Counsel:

S Healy (Applicant) C Young (Respondent)

Solicitors:

Douglass & Ford Criminal Law (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/119672 Publication restriction: Pseudonyms adopted to avoid identifying child sexual assault complainant Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 15 February 2017 Before: McLoughlin SC DCJ File Number(s): 2015/00119672