Cornish v R [2024] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cornish v R [2024] NSWCCA 177 Hearing dates: 9 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Before: Stern JA at [1] Davies J at [2] Ierace J at [63] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – misapplication of principle – where applicant pleaded guilty to multiple counts of sexual intercourse without consent and common assault – where parties had been in intimate relationship – offending occurred as a result of victim terminating relationship - whether sentencing judge erred by failing to give full effect to the findings in relation to Bugmy – where applicant was found to have mental health conditions and a very harsh background – where applicant's moral culpability was reduced as a result of Bugmy factors but weight still given to specific and general deterrence – challenge to assessment of objective seriousness - where sentencing judge increased sentence but not objective seriousness (as applicant asserted) by reason of Form 1 matters – where applicant's knowledge of lack of consent arose from unreasonable belief in victim's consent – no error in assessment of objective seriousness – sentence not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) ss 33, 61, 61HA (repealed), 61HK, 61I Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Cases Cited: Attorney-General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 House v King (1936) 55 CLR 499; [1936] HCA 40 Lloyd v R [2022] NSWCCA 18 MF v R [2024] NSWCCA 42 Moore v R [2024] NSWCCA 115 Mulato v R [2006] NSWCCA 282 R v Cook [2023] NSWCCA 9; (2023) 103 MVR 285 Saffin v R [2020] NSWCCA 246 Sypher v R [2020] NSWCCA 336 Texts Cited: Nil Category: Principal judgment Parties: Jarrod Alan Cornish (Applicant) Crown (Respondent) Representation: Counsel: K Hogan (Applicant) E Wilkins SC (Respondent)