AB v R [2014] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB v R [2014] NSWCCA 31 Hearing dates: 4 March 2014 Decision date: 04 March 2014 Before: Beazley P at [1] R A Hulme J at [2] Schmidt J at [71] Decision: Leave to appeal against sentence refused Catchwords: CRIMINAL LAW - appeal against sentence - guilty pleas not necessarily indicative of remorse - "guarded" prospects of rehabilitation - appellate intervention narrowly confined in regards to weight given to remorse and rehabilitation at trial - finding of "special circumstances" for single sentence not applied to overall sentence - aggregate non-parole period reflects criminality of offences - advanced age did not warrant lesser sentence - error in commencement dates for individual sentences immaterial - error in statement of maximum penalty for offence immaterial - leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 Caristo v R [2011] NSWCCA 7 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 House v The King [1936] HCA 40; 55 CLR 499 Houri v R [2013] NSWCCA 279 Power v The Queen [1974] HCA 26; 131 CLR 623 R v Baker [2000] NSWCCA 85 R v Holyoak (1995) 82 A Crim R 502 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Sutton [2004] NSWCCA 225 Category: Principal judgment Parties: AB (Applicant) Regina (Respondent) Representation: Counsel: Mr R Webb (Applicant) Mr R Herps (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2011/153039 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-10-10 00:00:00 Before: Arnott SC DCJ File Number(s): 2011/153039