Whiteman v R [2023] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Whiteman v R [2023] NSWCCA 58 Hearing dates: 19 September 2022 Date of orders: 24 March 2023 Decision date: 24 March 2023 Before: Bell CJ at [1] Price J at [2] Lonergan J at [3] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – concession by Crown that there was a factual error by the sentencing judge in finding that some of the offending continued after initial arrest – Court required to resentence – multiple instances of sexual offending committed over a 15-year period involving 22 children – no lesser sentence warranted in law – leave to appeal granted – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (Cth) Criminal Appeal Act 1912 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: DBW v R [2007] NSWCCA 236 House v R (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Gavel [2014] NSWCCA 46 R v Nelson [2016] NSWCCA 130 Category: Principal judgment Parties: Dale Whiteman (Appellant) Rex (Respondent) Representation: Counsel: S Kluss (Appellant) C Curtis (Respondent)

Solicitors: Ross Hill and Associate Solicitor (Appellant) Solicitor for Public Prosecutions NSW (Respondent) File Number(s): 2019/00390908 2020/00070330 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: Nil Date of Decision: 15 October 2021 Before: Haesler SC DCJ File Number(s): 2019/00390908