SHR v R [2014] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SHR v R [2014] NSWCCA 94 Hearing dates: 9/04/2014 Decision date: 02 June 2014 Before: Basten JA at [1]; Fullerton J at [3]; Davies J at [61] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Quash the sentence imposed in the District Court. 4. In lieu, sentence the applicant to an aggregate term of imprisonment of 12 years, to date from 11 September 2010, comprising a non-parole period of 8 years and balance of term of 4 years. The earliest day on which the applicant will become eligible to be released on parole is 10 September 2018. Catchwords: CRIMINAL LAW - appeal against sentence - sexual assault - multiple offences - historical offences - juvenile offender - delay between commission of offence and sentence - aggregate sentences of imprisonment - whether indicative sentences took guilty plea into account - whether sentencing judge took applicant's youth and immaturity into account - whether aggregate sentence manifestly excessive - re-sentence Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 3, 17, 18, 28 Crimes Act 1900 (NSW), ss 61D, 94, 97 Crimes (Amendment) Act 1989 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22, 44, 53A; Pt 3 Criminal Appeal Act 1912 (NSW), s 6 Probation and Parole Act 1983 (NSW) Sentencing Act 1989 (NSW) Cases Cited: BT v R [2012] NSWCCA 276 Fernando v R (1992) 76 A Crim R 58 KT v R [2008] NSWCCA 51; 182 A Crim R 571 MPB v R [2012] NSWCCA 213 PD v R [2012] NSWCCA 242 R v Brown [2012] NSWCCA 199 R v MJR [2002] NSWCCA 129; 54 NSWLR 368; 130 A Crim R 481 R v Murray (1987) 11 NSWLR 12 R v Nikolovski; R v Alam (Court of Criminal Appeal (NSW), 5 December 1990, unrep) R v Nykolyn [2012] NSWCCA 219 R v Page (Court of Criminal Appeal (NSW), 17 June 1993, unrep) R v Palmer (Court of Criminal Appeal (NSW), 4 September 1992, unrep) R v PLV [2001] NSWCCA 282; (2001) 51 NSWLR 736 R v Scerri (Court of Criminal Appeal (NSW), 28 June 1994, unrep) R v Tainsh (Court of Criminal Appeal (NSW), 4 August 1988, unrep) R v Williams (Court of Criminal Appeal (NSW), 15 August 1991, unrep) Rosenstrauss v R [2012] NSWCCA 25 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: SHR (Applicant) The Crown (Respondent) Representation: Counsel: H Cox / C Wasley (Applicant) N Noman SC (Crown) Solicitors: Aboriginal Legal Service (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/150270; 2010/304771; 2011/164852 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-09-06 00:00:00 Before: Woods DCJ File Number(s): 2010/150270; 2010/304771; 2011/164852