Khanchitanon v R [2014] NSWCCA 204

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Khanchitanon v R [2014] NSWCCA 204 Hearing dates: 19 September 2014 Decision date: 03 October 2014 Before: Hoeben CJ at CL at [1] Fullerton J at [2] Adamson J at [3] Decision: Refuse leave to appeal Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - sexual intercourse without consent - applicant was victim's employer - fact that victim continued to report to work did not ameliorate the applicant's abuse of authority - pedantry particularly inappropriate when remarks on sentence delivered orally and ex tempore - actual or potential deportation irrelevant to the sentencing exercise but error was in applicant's favour - leave refused Legislation Cited: Crimes Act 1900 (NSW), ss 61I, 61L Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Dinsdale v R [2000] HCA 54; 202 CLR 321 Hili v The Queen [2010] HCA 45; 242 CLR 520 Kaminic v R [2014] NSWCCA 116 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Pham [2005] NSWCCA 94 Category: Principal judgment Parties: Peeradej Khanchitanon (Applicant) Regina (Respondent) Representation: Counsel: M Crawford-Fish (Applicant) N Adams (Crown) Solicitors: John B Hajje & Associates (Applicant) S Kavanagh (Solicitor for Public Prosecutions) File Number(s): 2012/105657 Publication restriction: Nil Decision under appeal Date of Decision: 2013-05-09 00:00:00 Before: Syme DCJ File Number(s): 2012/105657