Nand v R [2014] NSWCCA 293

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nand v R [2014] NSWCCA 293 Hearing dates: 9 October 2014 Decision date: 05 December 2014 Before: Gleeson JA at [1] Schmidt J at [2] Bellew J at [101] Decision: Leave to appeal be granted but the appeal be dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - two offences of sexual intercourse without consent - whether sentences were severe and manifestly excessive - applicant unrepresented - whether false advice was received from incompetent legal representatives - whether expert medical report tendered by defence were not considered by sentencing judge - whether sexual abuse inflicted upon the applicant during childhood was not adequately taken into account by sentencing judge - leave to appeal be granted but appeal be dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dousha v R [2008] NSWCCA 263 Markarian v R [2005] HCA 25; (2006) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Avineshwar Nand (Applicant) Regina (Crown) Representation: Counsel: Ms V Lydiard (Crown) Solicitors: Mr A Nand, self-represented J Pheils, Solicitor for Public Prosecutions (Crown) File Number(s): 2010/417819 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-06-29 00:00:00 Before: Judge S Norrish QC File Number(s): 2010/417819