WP v R [2024] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WP v R [2024] NSWCCA 77 Hearing dates: 10 April 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Before: Payne JA at [1]; Mitchelmore JA at [2]; Wilson J at [3] Decision: (1) Leave to appeal on grounds 1, 2, and 3 is granted; (2) The appeal is dismissed. Catchwords: CRIME – appeals – sentence – where applicant pleaded guilty to multiple child sex offences and offences of physical assault after one day of trial – sentencing judge applied no discount in relation to one count – error conceded – error as to maximum penalty and standard non-parole period also conceded – question of whether any lesser sentence should be imposed – grave course of offending over many years – multiple child victims Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Gurin v R [2022] NSWCCA 193 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Panetta v Regina [2016] NSWCCA 85 R v Smith [2007] NSWCCA 138 Stanley v Director of Public Prosecutions (NSW) (2023) 299 A Crim R 391; (2023) ALJR 107; [2023] HCA 3 Turnbull v R [2019] NSWCCA 97 Category: Principal judgment Parties: WP (Applicant) Rex (Respondent) Representation: Counsel: L Hutchinson (Applicant) M England (Crown)