SM v R [2014] NSWCCA 137

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SM v R [2014] NSWCCA 137 Hearing dates: 11 December 2013 Decision date: 25 July 2014 Before: Hoeben CJ at CL Simpson J Hall J Decision: (1) Leave to appeal granted (2) Appeal dismissed Catchwords: CRIMINAL LAW - sentence appeal - application for leave - six counts of assault female and commit act of indecency contrary to s 76 of the Crimes Act 1900 - two counts of sexual assault and commit act of indecency contrary to s 61E(1) of the Crimes Act 1900 - two counts of carnal knowledge contrary to s 67 of the Crimes Act 1900 - additional matters taken into account on a Form 1 - sentencing judge did not err in finding that delay did not mitigate the penalty - sentencing judge did not err in failing to take into account the likelihood that the applicant would serve his sentence in protective custody - sentencing judge did not err in failing to reduce the sentence imposed on account of past assistance to authorities in circumstances where no submission was made to the sentencing judge on the matter of past assistance - sentencing judge properly took into account the youthfulness of the applicant - leave granted - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bradbery v Regina [2008] NSWCCA 93 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 R v Todd [1982] 2 NSWLR 517 RJP v Regina [2006] NSWCCA 149 RJT v R [2012] NSWCCA 280 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: SM (Applicant) Regina (Crown) Representation: Counsel: I McLachlan (Applicant) S Herbert (Crown) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/48803 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-03-22 00:00:00 Before: English DCJ File Number(s): 2012/48803