NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v BM [2021] NSWDC 488 Hearing dates: 10 September 2021 – 15 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: Orders. 1. The appeal is allowed. 2. In respect of count 1 the charge is dismissed. 3. In respect of count 2 the charge is dismissed. 4. Sentencing orders set aside Catchwords: CRIME — Child sex offences — Intentionally sexually touch child <10 CRIME — Child sex offences — Intentionally carry out sexual act with child <10 Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal & Review) Act 2001 (NSW) Criminal Procedure Act 1999 (NSW) Cases Cited: Lunney v DPP [2021] NSWCA 186 Pettit and Riley [2021] NSWDC Vince Sunter v District Court of NSW [2008] NSWCA 313 Liberato v The Queen 159 CLR 509 Murray v The Queen 211 CLR 193 AG v DPP (NSW) [2015] NSWCA 218 R v Markuleski (2001) 52 NSWLR 82 De Silva v The Queen [2019] HCA 48 Category: Sentence Parties: Regina (Crown) BM (Accused) Representation: Magni Solicitor Employ of the DPP NSW
Schleiger Solicitor for the appellant File Number(s): 2019/00225453 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Court Jurisdiction: Local Court of NSW Citation: Unreported Date of Decision: 16 July 2021 Before: I Rodgers, LCM File Number(s): 2019/00225453
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