PH v R [2023] NSWCCA 176

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PH v R [2023] NSWCCA 176 Hearing dates: 3 May 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Before: Simpson AJA at [1] Rothman J at [2] Cavanagh J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed in the District Court is quashed. (4) In lieu thereof, the applicant is sentenced to a term of imprisonment of 7 years with a non-parole period of 4 years and 2 months. Catchwords: CRIME — Appeals — Appeal against sentence — Failure to take into account a relevant consideration — sexual offending and breach of ADVOs — whether sentencing judge failed to take into account impact of COVID-19 pandemic on custodial imprisonment — where Crown concedes error on that point — whether sentencing judge erred in consideration of two aggravating factors said to be inherent in the criminality of the offence — appeal allowed on COVID-19 ground — applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic & Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Church v R [2012] NSWCCA 149 Jonson v R [2016] NSWCCA 286 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 McKinnon v R [2020] NSWCCA 106 PC v R [2022] NSWCCA 107 Category: Principal judgment Parties: PH (Applicant) Crown (Respondent) Representation: Counsel: C McGorey (Applicant) E Wilkins SC (Respondent)