SR v R [2024] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SR v R [2024] NSWCCA 43 Hearing dates: 6 December 2023 Date of orders: 26 March 2024 Decision date: 26 March 2024 Before: Harrison CJ at CL at [1] Wilson J at [6] Ierace J at [55] Decision: (1) The sentence imposed in the District Court on 29 September 2022 is quashed. (2) The applicant is sentenced to an intensive correction order for a period of 12 months to date from 26 March 2024 and expire on 25 March 2025 (3) The following additional conditions are made: (a) The applicant is to continue to receive therapy from Dr Vu as frequently as Dr Vu advises; and (b) The applicant is not to consume alcohol. Catchwords: CRIME – appeals – appeal against sentence – where applicant sentenced to a term of imprisonment for 1 year and 10 months for cause grievous bodily harm reckless as to actual bodily harm – whether sentencing judge followed "three step process" – where applicant posed no risk to community safety - whether intensive correction order had to be imposed – whether intensive correction order should have been imposed – application of High Court decision in Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 15A Crimes (Administration of Sentences) Regulation 2014 (NSW), Pt 10, Div 2 cll 187, 189, 189A, 189B, 189C, 189D Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 11 Crimes Act 1900 (NSW) s 35(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3(1), 3A, 5, 7, 17D(2), 66, 73, 73A(2)(e), (f) Crimes (Sentencing Procedure) Act 1999 (NSW) s 67 (as at 23 September 2018) Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW) Cases Cited: Chan v The King [2023] NSWCCA 206 Hawat v R [2020] NSWCCA 21 Mandranis v R (2021) 289 A Crim R 260; [2021] NSWCCA 97 Mourtada v R [2021] NSWCCA 211 R v Fangaloka [2019] NSWCCA 173 R v Sewell and Walsh (1981) 29 SASR 12 Stanley v Director of Public Prosecutions (NSW) (2023) 299 A Crim R 391; (2023) ALJR 107; [2023] HCA 3 Stewart v R [2012] NSWCCA 183 Tonga, Samuel v R [2023] NSWCCA 120 Category: Principal judgment Parties: SR (Applicant) Rex (Respondent) Representation: Counsel: P Kondich / J Lang (Applicant) E Wilkins SC (Respondent)