Macreadie v R [2023] NSWCCA 162

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Macreadie v R [2023] NSWCCA 162 Hearing dates: 17 February 2023 Date of orders: 05 July 2023 Decision date: 05 July 2023 Before: Beech-Jones CJ at CL at [1]; Button J at [2]; McNaughton J at [5] Decision: (1) The applicant be granted leave to appeal. (2) The appeal be dismissed. Catchwords: CRIME – appeal – sentence appeal – whether sentencing judge's factual finding about the applicant's purpose for entering the premises was open – aggravated break, enter and commit serious indictable offence – aggravated sexual assault against sleeping child –surrounding evidence led to finding which was open beyond reasonable doubt – it was open to find the applicant's purpose for entering the home was to commit the sexual assault Legislation Cited: Crimes Act 1900 (NSW) ss 61J, 112 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 43, 54B Criminal Appeal Act 1912 (NSW, s 5 District Court Rules 1973 (NSW) Pt 53 r 12 Mental Health Act 2007 (NSW) Cases Cited: A v R [2020] NSWCCA 145 Clarke v R [2015] NSWCCA 232; (2015) 254 A Crim R 150 Fisher v R; R v Fisher [2021] NSWCCA 91 Hordern v R [2019] NSWCCA 138 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Daley [2010] NSWCCA 223 R v O'Donoghue (1988) 34 A Crim R 397 Ragg v R [2022] NSWCCA 150 The Queen v Hillier (2007) 228 CLR 618; [2007] HCA 13 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Yin v R [2019] NSWCCA 217 Category: Principal judgment Parties: Christopher Anthony Macreadie (Applicant) Rex (Respondent) Representation: Counsel: T Quilter (Applicant) E Wilkins SC (Respondent)