George (a pseudonym) v R [2021] NSWCCA 321

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: George (a pseudonym) v R [2021] NSWCCA 321 Hearing dates: 10 December 2021 Decision date: 22 December 2021 Before: Basten JA at [1]; Davies J at [2]; Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – appeal against sentence – sentence on guilty plea – failing to report commission of child abuse offence – Form 1 offence of failing to provide a child with necessities of life – six-week old child of applicant mistreated by mother – severe brain injury resulting in permanent deficits – denial on oath of agreed facts – subsequent withdrawal of denial – whether applicant traversed plea – reduced utilitarian discount – discount for assistance – adequacy of reasons Legislation Cited: Crimes Act 1900 (NSW), ss 43A, 316A Crimes (Sentencing Procedure) Act 1999, ss 23, 25F Cases Cited: Dean v R [2019] NSWCCA 27 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jones (a pseudonym) v R [2021] NSWCCA 106 R v Hamilton v DPP [2020] NSWSC 1745 R v Radic (2001) 122 A Crim R 70; [2001] NSWCCA 174 R v VHP (Unreported, NSWCCA, 7 July 1997) Category: Principal judgment Parties: Albert George (Applicant) Regina (Respondent) Representation: Counsel:

R Rodger (Applicant) B Hatfield (Crown)

Solicitors:

Legal Aid Director of Public Prosecutions File Number(s): 2019/242346 Publication restriction: Pseudonyms adopted to protect identity of child victim of offending Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 16 February 2021 Before: Colefax SC DCJ File Number(s): 2019/242346