Glasheen v R [2022] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glasheen v R [2022] NSWCCA 191 Hearing dates: 22 August 2022 Date of orders: 22 August 2022 Decision date: 05 September 2022 Before: Beech-Jones CJ at CL at [1]; Price J at [2]; Garling J at [33] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Quash the sentence imposed in the District Court on 10 August 2021. (4) In lieu thereof, impose a sentence by way of a total term of imprisonment of 3 years and 1 month, commencing 25 July 2020 and expiring 24 August 2023. (5) Fix a non-parole period of 2 years and 4 months. The earliest date for release is 24 November 2022. Catchwords: CRIME – Appeals – Appeal against sentence – Federal child abuse offence – statutory mandatory minimum sentence prescribed – reduction of mandatory minimum pursuant to s 16AAC of the Crimes Act 1914 (Cth) – concession by the Crown of error by the sentencing judge by not reducing the sentence below the specified minimum – re-sentence – consideration of non-parole period Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) s 16C Crimes Act 1900 (NSW) ss 61M(2), 91G(1)(a), 91H(2), 91L(3) Crimes Act 1914 (Cth) ss 3, 16A, 16A(2AAA)(b), 16AAA, 16AAB, 16AAC(2), 16AAC(3) Criminal Code Act 1995 (Cth) s 474.22(1) Cases Cited: Bahar v The Queen (2011) 214 A Crim R 417; [2011] WASCA 249 R v Delzotto [2022] NSWCCA 117 Texts Cited: Category: Principal judgment Parties: Richard William John Glasheen (Applicant) Regina (Respondent) Representation: Counsel: G Lewer (Applicant) K Breckweg (Respondent)