Hunt v R [2021] NSWCCA 192

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hunt v R [2021] NSWCCA 192 Hearing dates: 18 June 2021 Date of orders: 18 August 2021 Decision date: 18 August 2021 Before: McCallum JA at [1]; Rothman J at [2]; Wright J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed by the District Court on 13 July 2020 is quashed. (4) In lieu, the applicant is sentenced to an aggregate sentence of 9 years and 6 months, commencing on 17 January 2019 and expiring on 16 July 2028, with a non-parole period of 5 years and 8 months expiring on 16 September 2024. (5) The applicant will first be eligible to be released on parole from 16 September 2024. (6) Pursuant to s 12(2) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is directed that the offences be recorded on the applicant's criminal record as domestic violence offences. Catchwords: CRIME — Appeals — Appeal against sentence — Sexual and other offences — Requirement to take into account pre-sentence custody – Broken periods of pre-sentence custody – Where only second period of pre-sentence custody taken into account by backdating sentence – Whether first period of pre-sentence custody taken into account in relation to all offences – Reasons did not disclose why first period of pre-sentence custody not taken into account by backdating or how that period was taken into account for all offences — Leave to appeal granted — Appeal allowed — Sentence varied Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Kliendienst v R [2020] NSWCCA 98 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 R v Argent [2004] NSWCCA 270 R v Howard [2001] NSWCCA 309 R v English [2000] NSWCCA 245 R v Lulham [2016] NSWCCA 287; 263 A Crim R 287 R v Johnson [2005] NSWCCA 186 R v McHugh (1985) 1 NSWLR 588 R v Newman; R v Simpson [2004] NSWCCA 102; (2004) 145 A Crim R 361 Rodgers v R [2018] NSWCCA 47 Salafia v R [2015] NSWCCA 141 Smith v The Queen (1957) 97 CLR 100; [1957] HCA 3 Wiggins v R [2010] NSWCCA 30 Category: Principal judgment Parties: Dylan Stephen Hunt (Applicant) Regina (Crown) Representation: Counsel: T Bicanic (Applicant) E Wilkins SC (Crown)