Singh v R [2021] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v R [2021] NSWCCA 96 Hearing dates: 5 February 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Before: Bathurst CJ at [1]; Beech-Jones J at [2] Wilson J at [86] Decision: (1) Leave to appeal against sentence be granted. (2) The appeal be dismissed. Catchwords: CRIME – SENTENCING – serious sexual assaults – victim detained at knife point – stabbed – repeatedly sexually assaulted – offender mentally ill – irrelevance of Form 1 offences to assessment of objective seriousness of substantive counts – error established – other alleged errors only considered to the extent they affect re-exercise of sentencing discretion – no lesser sentence warranted in law – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Mental Health Act 2007 Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Hordern v R [2019] NSWCCA 138 House v R (1936) 55 CLR 499 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Nguyen v R (2016) 256 CLR 656; [2016] HCA 17 R v O'Donoghue (1988) 34 A Crim R 397 RO v R [2019] NSWCCA 183 Stephens v R [2010] NSWCCA 93 Category: Principal judgment Parties: Manpreet Singh (Applicant) Regina (Crown) Representation: Counsel: S Buchen SC (Applicant) G Newton (Crown)