Jones (a pseudonym) v R [2025] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jones (a pseudonym) v R [2025] NSWCCA 29 Hearing dates: 12 February 2025 Date of orders: 7 March 2025 Decision date: 07 March 2025 Before: Basten AJA at [1]; McNaughton J at [35]; Weinstein J at [36] Decision: (1) Grant the applicant leave to appeal from the sentence imposed in the District Court on 15 December 2023. (2) Allow the appeal and quash the sentence. (3) Resentence the applicant to an aggregate sentence of imprisonment for a non-parole period of 13 years, commencing on 29 June 2023 and expiring on 28 June 2036, with a balance of term of seven years, terminating on 28 June 2043. Catchwords: CRIME – appeal against sentence – child sex offences – finding of special circumstances – grounds were age of offender, first period of imprisonment, mental condition and rehabilitation – adjustment to non-parole period from the statutory ratio refused because no need for extended period of rehabilitation – other grounds remained – error in not adjusting non-parole period – offender resentenced Legislation Cited: Crimes Act 1900 (NSW), ss 66C, 66DB, 66DD Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 Category: Principal judgment Parties: Jones (a pseudonym) (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: A Chhabra & R Thampapillai (Applicant) F Sullivan (Respondent)