Vincent v R [2022] NSWCCA 210

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vincent v R [2022] NSWCCA 210 Hearing dates: 15 August 2022 Date of orders: 5 October 2022 Decision date: 05 October 2022 Before: Ward P at [1] Davies at [2] Fagan J at [66] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – four counts of using carriage service to menace, harass or offend contrary to s 474.17(1) Criminal Code (Cth) – offending occurred while applicant an inmate at various prisons – offending involved use of phone accounts of other inmates to call various entities and describe fictitious abuse of young daughter and other girls under the age of ten – calls made for purpose of sexual gratification – offending latest manifestation in persistent and identical offending over number of years despite earlier imprisonment – whether sentencing judge erred in applying principle of totality – where approach of backdating sentence to make it partly concurrent with sentence applicant had been serving was open to sentencing judge - whether sentence manifestly excessive – where notional accumulation within sentencing judge's discretion – no House v The King error demonstrated Legislation Cited: Crimes Act 1914 (Cth) ss 16A, 16B Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code (Cth) 474.17 Cases Cited: CM v R [2020] NSWCCA 136 GP v R [2017] NSWCCA 200 Burke v R [2022] NSWCCA 6 Delaney v R [2013] NSWCCA 150; (2013) 230 A Crim R 581 Haak v R [2022] NSWCCA 28 Kerr v R [2008] NSWCCA 201 Mill v R (1988) 166 CLR 59 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 State of NSW v Vincent [2017] NSWSC 858 Texts Cited: Nil Category: Principal judgment Parties: Aaron Vincent (Applicant) The Queen (Respondent) Representation: Counsel: N Broadbent (Applicant) P McEniery (Respondent)