Parker v R [2021] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Parker v R [2021] NSWCCA 175 Hearing dates: 21 April 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Before: Davies J at [1] Hamill J at [142] Wilson J at [147] Decision: 1. Leave to appeal granted. 2. Appeal against conviction dismissed. 3. Allow the appeal against the sentence. 4. Quash the sentence imposed by Judge Wells SC in the District Court on 17 December 2019. 5. In lieu, sentence the applicant to an aggregate sentence of imprisonment for nine years commencing 15 November 2018 and expiring 14 November 2027 with a non-parole period of five years and nine months expiring 14 August 2024. Catchwords: CRIME – appeals – appeal against conviction – applicant charged with 11 offences - grooming child under 16, incite person under 16 to commit act of indecency, aggravated act of indecency with victim under 16, and aggravated sexual intercourse with person under 14 counts – applicant found guilty by jury of all counts charged - applicant was complainant's foster carer at time of offences – whether the verdicts in respect of each count are unreasonable – where open to the jury to convict applicant on all counts given strong case and detail given by complainant CRIME – appeals – appeal against sentence - whether sentencing judge erred in failing to assess objective criminality of counts 2 to 11– where analysis of factors her Honour took into account does not allow objective seriousness to be clearly understood – where ground is made out – resentence – complainant vulnerable because of background - significant breach of trust by applicant – applicant has good prospects of rehabilitation and low prospects of re-offending – applicant re-sentenced to nine years' imprisonment with non-parole period of five years and nine months Legislation Cited: Crimes Act 1900 (NSW) ss 61M, 61N, 61O, 66C, 66EB Crimes (Sentencing Procedure) Act 1999 (NSW) s21A Cases Cited: DH v R [2019] NSWCCA 128 FL v R [2020] NSWCCA 114 Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46 M v the Queen (1994) 181 CLR 487; [1994] HCA 63 MRW v R [2011] NSWCCA 260 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Pell v The Queen [2020] HCA 12; (2020) 376 ALR 478 PK v R [2012] NSWCCA 263 R v AJP [2004] NSWCCA 434 R v Davis [1999] NSWCCA 15 R v Knight; R v Biuvanua [2007] NSWCCA 283 R v Nguyen [2010] HCA 38; (2010) 85 ALJR 8 R v Van Ryn [2016] NSWCCA 1 R v Woods [2009] NSWCCA 55 RC v R; R v RC [2020] NSWCCA 76 Regina v Cage [2006] NSWCCA 304 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 See v R [2020] NSWCCA 272 Smith v R [2009] NSWCCA 17 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Yeung v R [2018] NSWCCA 52 Texts Cited: Nil Category: Principal judgment Parties: Daniel Parker (Applicant) Crown (Respondent) Representation: Counsel: Ms A Francis (Applicant) Mr G Newton (Respondent)