Bond v R [2023] NSWCCA 78

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bond v R [2023] NSWCCA 78 Hearing dates: 2 February 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Before: Simpson AJA, Fagan J, Dhanji J Decision: Leave to appeal against sentence granted. Appeal be dismissed. Catchwords: CRIME – appeals – appeal against sentence – use of stupefying drugs to commit sexual offences – female complainant aged thirteen – no sufficient evidence of a deprived upbringing to engage Bugmy principles – no evidence that offender's cognitive deficiency reduced his moral culpability – no evidence that Covid-19 exacerbated the conditions of the offender's incarceration – appeal dismissed Legislation Cited: Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Zreika v R [2012] NSWCCA 44 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Steven Bond (applicant) Rex (respondent) Representation: Counsel: D Marr SC with C Nowlan (applicant) E Wilkins SC for the (respondent)

Solicitors: TD Khouri Solicitors (applicant) Director of Public Prosecutions (NSW) (respondent) File Number(s): 2020/46613 Publication restriction: Section 15A of the Children (Criminal Proceedings) Act 1987 (NSW) applies to prohibit publication of any informational material that identifies or is likely to lead to the identification of the complainant referred to in these reasons. Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Criminal Date of Decision: 1 October 2021 Before: Judge Webber SC File Number(s): 2020/46613