JL v R [2014] NSWCCA 130

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JL v R [2014] NSWCCA 130 Hearing dates: 30 June 2014 Decision date: 18 July 2014 Before: Hoeben CJ at CL at [1] Harrison J at [2 ] McCallum J at [3] Decision: Leave to appeal granted; appeal dismissed. Catchwords: CRIME - sentencing - aggregate sentence imposed for 21 sexual offences committed against the applicant's daughter with seven further offences taken into account on a Form 1 - whether sentencing judge erred in failing to have regard to alleged assistance to authorities - whether judge erred in his approach to evidence that the applicant had been sexually abused as a child - whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: AWF v R [2000] VSCA 172; (2000) 114 A Crim R 434 C-P v R [2009] NSWCCA Henry v R [2009] NSWCCA 69 Muldrock v R [2011] HCA 39 R v AGR (New South Wales Court of Criminal Appeal, 24 July 1998, unreported) R v Brown [2012] NSWCCA 199 R v Dunne [2003] VSCA 150 R v Ellis (1986) 6 NSWLR 603 R v Nykolyn [2012] NSWCCA 219 R v Rich [2000] NSWCCA 448 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: JL (applicant) Regina (respondent) Representation: Counsel: P Lowe (applicant) S Herbert (respondent) Solicitors: Alexander Maroulis Lawyers (applicant) Director of Public Prosecutions (respondent) File Number(s): Publication restriction: None Decision under appeal Date of Decision: 2013-04-19 00:00:00 Before: Blackmore J File Number(s): 2011/412523