Hockley v R [2023] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hockley v R [2023] NSWCCA 285 Hearing dates: 11 October 2023 Decision date: 17 November 2023 Before: Mitchelmore JA at [1] Rothman J at [2] Wilson J at [3] Decision: (1) Leave is granted to appeal; (2) The appeal is dismissed. Catchwords: CRIME – Sentence – offences of sexual intercourse with child aged between 14 and 16 – grooming child for sexual activity – produce child abuse material and other like offending – question of manifest excess – need for some accumulation of sentence to reflect offences against three children - subjective case contradictory and unsupported by objective evidence – absence of remorse – offender who blamed 13 year old victims - prioritisation of rehabilitation in imposition of sentence of offender of 35 years as a "young person" – conclusions favourable to applicant Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1 Munro v R [2006] NSWCCA 350 R v Carter [2003] NSWCCA 243 R v Elfar [2003] NSWCCA 358 R v McGourty [2002] NSWCCA 335 R v Palu [2002] NSWCCA 381 R v Qutami [2001] NSWCCA 353 Category: Principal judgment Parties: Adam Hockley (Applicant) Rex (Crown) Representation: Counsel: S Kluss (Applicant) V Garrity (Crown)