Blackett v R [2021] NSWCCA 210

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Blackett v R [2021] NSWCCA 210 Hearing dates: 4 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Before: Basten JA at [1]; Adamson J at [64]; Campbell J at [65] Decision: (1) Grant the applicant leave to appeal from the aggregate sentence imposed on him in the District Court on 2 October 2020. (2) Allow the appeal and set aside the sentence. (3) Resentence the applicant to a non-parole period of 3 years 3 months to date from 23 June 2020, with a balance of term of 1 year 9 months, giving an aggregate sentence of 5 years imprisonment. (4) The applicant will be eligible for release on parole on 22 September 2023. Catchwords: SENTENCING – appeal against sentence – sexual intercourse with a child aged 14-16 years – aggravated indecent assault – possess child abuse material – assessment of objective seriousness of offending – low range aggravated indecent assault a first offence – possession of three brief video clips – possession of cartoon images SENTENCING – appeal against sentence – severity – manifest excess – relevant factors on sentence – objective seriousness – mitigating factors – autism spectrum disorder – developmental age of applicant Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 66C, 66EB, 91H Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 44, 54B Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115; 231 A Crim R 413 Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518 Minehan v The Queen [2010] NSWCCA 140; 201 A Crim R 243 PG v R [2017] NSWCCA 179; (2017) 268 A Crim R 61 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders (5th ed) Category: Principal judgment Parties: Brendan James Blackett (Applicant) Regina (Respondent) Representation: Counsel: Ms J Paingakulam (Applicant) Mr E Balodis (Respondent) Solicitors: Swifte Law (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2018/335723; 2019/80370 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 2 October 2020 Before: N Williams DCJ File Number(s): 2018/335723; 2019/80370