RSW v R [2012] NSWCCA 13

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RSW v R [2012] NSWCCA 13 Hearing dates: 15 November 2011 Decision date: 27 February 2012 Before: Whealy JA at [1] Simpson J at [58] Hislop J at [80] Decision: 1. Appeal against conviction is dismissed. 2. Leave to appeal against sentence is granted. 3. Appeal against sentence is dismissed. Catchwords: CRIME - Appeal - conviction - aggravated sexual assault - whether the jury verdict was unreasonable - SKA v R.

CRIME - Appeal - sentence - whether the sentence was manifestly excessive - utility of sentencing statistics. Legislation Cited: - Crimes Act 1900 (NSW) - s 61J, s 61M - Crimes (Sentencing Procedure) Act 1999 (NSW) - s 44 Cases Cited: - Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 - House v King (1936) 55 CLR 499 - M v R [1994] HCA 63; (1994) 181 CLR 487 - MFA v The Queen [2002] HCA 53; 213 CLR 606 - Muldrock v The Queen [2011] HCA 39 - SKA v R [2011] HCA 13; 85 ALJR 571 Category: Principal judgment Parties: RSW (Appellant) Crown (Respondent) Representation: Counsel: M. Thangaraj SC (Appellant) Ms N. Noman (Crown) Solicitors: Ms M.A. Voncina (Appellant) S.C. Kavanagh, Solicitor for Public Prosecutions (Crown) File Number(s): 2008/010693 Publication restriction: Non-publication order re complainant Decision under appeal Jurisdiction: 9101 Citation: R v RW Date of Decision: 2009-03-27 00:00:00 Before: Finnane QC DCJ File Number(s): 2008/010693