Dennis v R [2024] NSWCCA 137

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dennis v R [2024] NSWCCA 137 Hearing dates: 29 May 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Before: Harrison CJ at CL at [1] Garling J at [2] McNaughton J at [93] Decision: See [92] Catchwords: CRIME – Appeals – Appeal against sentence – Application for leave to appeal – Whether the sentencing judge mistook facts in finding aggravating circumstances for a Form 1 offence – Whether the sentencing judge erred in admitting on sentence, and having regard to, the applicant's criminal history for offences committed as a child. Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: Dungay v R [2020] NSWCCA 209 Fayad v R [2017] NSWCCA 81 Ibbotson (a pseudonym) v R [2020] NSWCCA 92 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Newman (a pseudonym) v R [2019] NSWCCA 157 Texts Cited: Not Applicable Category: Principal judgment Parties: Zack Dennis (Applicant) Crown (Respondent) Representation: Counsel: S Fraser (Applicant) P Hogan (Respondent)

Solicitors: Aboriginal Legal Service (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2021/71933 Publication restriction: Publication of names and any information or material that may lead to the identification of the applicant or the victims is prohibited: Crimes Act 1900 (NSW), s 578A; Children (Criminal Proceedings) Act 1987 (NSW), s 15A Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 22 May 2023 Before: Turnbull SC DCJ File Number(s): 2021/71933