DR v R [2022] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DR v R [2022] NSWCCA 151 Hearing dates: 10 June 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Before: Ward P at [1] R A Hulme J at [2] Bellew J at [6] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Where applicant sentenced to a term of imprisonment for serious sexual offending – Application of Bugmy principles – Where there was evidence of the applicant's disadvantaged background – No evidence of any causal link between that background and the applicant's offending – No error in the sentencing judge failing to find that the applicant's moral culpability was reduced – Clear that the sentencing judge took into account the applicant's disadvantaged background as part of the instinctive synthesis – Whether sentence was "crushing" – Whether the sentencing judge failed to correctly apply principles of totality – Whether sentence was manifestly excessive – Weight to be given to the offender's subjective case – Observations as to the limitations placed on the use of so-called "comparable" cases – Leave to appeal granted – Appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Dungay v R [2020] NSWCCA 209 Edwards v R [2021] NSWCCA 57 GW v R [2018] NSWCCA 79 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 JJ v R [2020] NSWCCA 165 Katsis v R [2018] NSWCCA 9 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MLP v R [2014] NSWCCA 183 Perkins v R [2018] NSWCCA 62 R v DR [2021] NSWDC 118 R v Gavel [2014] NSWCCA 56 R v Irwin [2019] NSWCCA 133 R v Scavera [2016] NSWCCA 145 RLS v R [2012] NSWCCA 236 Tuivaga v R (2015) NSWCCA 145 ZA v R [2017] NSWCCA 132 Category: Principal judgment Parties: DR – Applicant Regina – Respondent Representation: Counsel: R Mathur and K Fallah – Applicant E Nicholson – Respondent