Veljanoski v R [2021] NSWCCA 255

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Veljanoski v R [2021] NSWCCA 255 Hearing dates: 25 October 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Before: Harrison J at [1] Davies J at [2] Dhanji J at [76] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the sentence imposed by Judge Woods QC in the District Court on 4 August 2020. (4) In lieu, sentence the appellant to an aggregate sentence of two years and eight months imprisonment commencing 23 March 2020 and expiring 22 November 2022 with a non-parole period of one year and eight months expiring 22 November 2021. The earliest date on which the appellant will become entitled to release on parole is 22 November 2021. Catchwords: CRIME – appeals – appeal against sentence – applicant pleaded guilty to five offences – offences of carrying out a sexual act without consent and intimidation intending fear of harm – offending involved applicant approaching victims in his car and masturbating himself – where applicant had alcohol and substance use issues, intellectual disability, and anxiety and depressive disorders – aggregate sentence imposed - whether sentencing judge erred in specifying indicative sentence which was the maximum penalty for offence in Count 5 – where objective seriousness of offence found to be in midrange - where although sentencing judge accorded 25% discount for early plea he did not reduce indicative sentence by that discount – whether offence under s 66DD(a) of the Crimes Act was aggravated by victim's vulnerability from her age – where age was an element of the offence - where errors conceded by Crown – applicant resentenced CRIME – appeals – appeals against sentence – whether applicant could rely on further report of psychologist for resentence purposes - report based on assessment made after applicant was sentenced – report not prepared to show applicant's progress following sentence - no exceptional circumstances – no miscarriage of justice demonstrated if report rejected Legislation Cited: Crimes Act 1900 (NSW) ss 61KE, 66DD Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 DL v The Queen (2018) 265 CLR 215; [2018] HCA 32 Khoury v R [2011] NSWCCA 118 Lawless v The Queen (1979) 142 CLR 659 Texts Cited: Nil Category: Principal judgment Parties: Aleksandar Veljanoski (Applicant) Crown (Respondent) Representation: Counsel: K Stares (Applicant) C McGorey (Respondent)