SR v R [2024] NSWCCA 109

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SR v R [2024] NSWCCA 109 Hearing dates: 29 May 2024 Date of orders: 05 August 2024 Decision date: 05 August 2024 Before: Harrison CJ at CL at [1] Garling J at [2] McNaughton J at [8] Decision: (1) Grant leave to appeal (2) Dismiss the appeal Catchwords: CRIME – appeals – appeal against sentence – child sex offences – multiple instances of offending over two decades – where statements made in relation to special circumstances during sentencing hearing – where sentencing judge declined to vary the statutory ratio – whether statements made by sentencing judge raise procedural unfairness – whether sentence manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61O, 66C, 66DA, 66DB Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5 Cases Cited: AA v R [2024] NSWCCA 132 Caristo v R [2011] NSWCCA 7 Dang v R [2014] NSWCCA 47 JM v R [2014] NSWCCA 297 Kelly v R [2023] NSWCCA 104 R v Fidow [2004] NSWCCA 172 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Texts Cited: Nil Category: Principal judgment Parties: SR (Applicant) Rex (Respondent) Representation: Counsel: C Wasley (Applicant) P Hogan (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2021/277881 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW) and s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of any matter likely to lead to the identification of any complainant, including the name of the applicant is restricted Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Citation: [2023] NSWDC 431 Date of Decision: 02 March 2023 Before: Wilson SC DCJ File Number(s): 2021/277881