R v R E [2023] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v R E [2023] NSWCCA 184 Hearing dates: 14 July 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Before: Stern JA; Fagan J; Yehia J Decision: Appeal dismissed Catchwords: CRIME – appeals – Crown appeal against sentence – where male professional photographer found guilty of two counts of sexual intercourse without consent against young female models – one additional count of indecent assault against one of the complainants – where no error in specific findings of objective circumstances or in overall assessment of gravity – where strong subjective case – where respondent under treatment for cancer at time of remand for sentence and follow-up medical attention not provided in custody – sentence not manifestly inadequate Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Brierley v R [2022] NSWCCA 26 R v Ibrahim [2021] NSWCCA 296 Saffin v R [2020] NSWCCA 246 Tepania v R [2018] NSWCCA 247 Category: Principal judgment Parties: Rex (Applicant) R E (Respondent) Representation: Counsel: M Millward (Applicant) E McLaughlin (Respondent)

Solicitors: Solicitor Director of Public Prosecutions (NSW) (Applicant) Mandy Hull & Associates (Respondent) File Number(s): 2018/294383 Publication restriction: No Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 17 March 2023 Before: Judge Wass SC File Number(s): 2018/294383