R v BH [2023] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v BH [2023] NSWCCA 278 Hearing dates: 30 October 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Before: Davies J at [1] Cavanagh J at [94] Sweeney J at [95] Decision: (1) Appeal allowed. (2) Quash the sentence imposed in the District Court on 30 June 2023. (3) In lieu, sentence the respondent to an aggregate sentence of 18 years' imprisonment commencing 17 February 2023 and expiring 16 February 2041 with a non-parole period of 12 years expiring 16 February 2035. (4) The respondent is first eligible for parole on 16 February 2035. Catchwords: CRIME – appeals – Crown appeal against sentence – manifest inadequacy – 14 counts of child sexual abuse against biological daughter over a period of two years – where complainant was aged between 6 and 8 years – where clear guidance on the appropriate range for indicative sentences for this type of offending was recently provided in Director of Public Prosecutions (NSW) v TH [2023] NSWCCA 81 – where Crown drew attention to TH in its written submissions to the sentencing judge – held indicative sentences for 10 offences at mid-range and above mid-range far below the proper range of sentences for such offending – where head sentence for all of the offending less than standard non-parole period for 1 of the 13 counts of sexual intercourse with a child under 10 years –– aggregate sentence an affront to the administration of justice – Court must intervene and resentence – appeal allowed – resentence Legislation Cited: Crimes Act 1900 (NSW) ss 61J, 61M, 66A, 66C Crimes (Sentencing Procedure) Act 1999 (NSW) s 54B Cases Cited: Bravo v R [2015] NSWCCA 302 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DR v R [2022] NSWCCA 151 Director of Public Prosecutions (NSW) v TH [2023] NSWCCA 81 Facer (A Pseudonym) v The Queen [2019] NSWCCA 180; (2019) 279 A Crim R 156 Filippou v R [2013] NSWCCA 92 Griffiths v The Queen (1977) 137 CLR 293 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 Merkel v R [2019] NSWCCA 212 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 R v DN [2023] NSWCCA 39 R v RJ [2023] NSWCCA 273 R v Reeves [2014] NSWCCA 154; (2014) 243 A Crim R 559 RH v R [2019] NSWCCA 64 Sharma v R [2022] NSWCCA 190 Sinkovich v R [2014] NSWCCA 97 TO v R [2017] NSWCCA 12; (2017) 265 A Crim R 191 ZA v R [2017] NSWCCA 132; (2017) 267 A Crim R 105 Texts Cited: Nil Category: Principal judgment Parties: The King (Applicant) BH (Respondent) Representation: Counsel: M Kumar (Applicant) Mr Glissan KC (Respondent)