DB v R [2023] NSWCCA 323

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DB v R [2023] NSWCCA 323 Hearing dates: 23 June 2023 Date of orders: 23 June 2023 Decision date: 15 December 2023 Before: Simpson AJA at [1] Lonergan J at [2] Dhanji J at [78] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The sentence imposed by Colefax SC DCJ on 7 March 2022 is quashed and in lieu thereof the following sentence is imposed. An aggregate sentence of 2 years, commencing on 7 March 2022 and expiring on 6 March 2024, with a non-parole period of 1 year commencing on 7 March 2022 and expiring 6 March 2023. (4) The Court notes that the applicant is entitled to immediate release to parole. Catchwords: CRIMINAL LAW – appeal – pleas of guilty – appeal against sentence – insufficient regard to psychologist's report – whether the sentencing judge failed to consider and apply De La Rosa principles to the applicant's circumstances – error found – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Cases Cited: Aslan v R [2014] NSWCCA 114 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Kelley v R [2021] NSWCCA 173 Moiler v R [2021] NSWCCA 73 Mulato v Regina [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Category: Principal judgment Parties: DB (Applicant) Rex (Respondent) Representation: Counsel: K Averre / H Thomas-Dubler (Applicant) E Wilkins SC (Respondent)