Aslan v R [2014] NSWCCA 114

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aslan v R [2014] NSWCCA 114 Hearing dates: 29 May 2014 Decision date: 20 June 2014 Before: Simpson J at [1]; Adams J at [55]; McCallum J at [56] Decision: (1) Leave to appeal granted; (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal - severity - plea of guilty - sexual offences - applicant sentenced pursuant to s 53A Crimes (Sentencing Procedure) Act 1999 (NSW) - whether sentencing judge erred when considering the effect of the applicant's "acquired brain injury" - whether the aggregate sentence was manifestly excessive - whether sentencing judge failed properly to consider special circumstances - no error found - leave to appeal granted - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 3, Pt 4, Div 1A, s 44(2), s 53A Crimes Act 1900 (NSW), s 59(1), s 61I, s 61L Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Engert v R [1995] 85 A Crim R 67 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Taskin Aslan (Applicant) Regina (Respondent) Representation: Counsel: G Thomas (Applicant) P Ingram SC (Respondent) Solicitors: Sydney Criminal Lawyers (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/191728 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-12-12 00:00:00 Before: Haesler DCJ File Number(s): 2011/191728