Regina v RM [2015] NSWCCA 4

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Regina v RM [2015] NSWCCA 4 Hearing dates: 9 December 2014 Date of orders: 06 February 2015 Decision date: 06 February 2015 Before: Ward JA and Wilson J at [1]; R A Hulme J at [162] Decision: (1)The Crown's appeal is allowed. (2)The sentences imposed by Charteris DCJ on 23 July 2014 are quashed and in lieu thereof, the respondent is sentenced as follows: 1.In relation to offences 1 to 5 (sequences 2, 3, 5, 17, and 19) inclusive and in respect of each of the five offences, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999, order that the respondent enter into a good behaviour bond for a period of 4 years and 6 months from today, each with conditions that: (i)he appear before the Court if called upon to do so at any time during the currency of the bond; (ii)he be of good behaviour; (iii)he advise the Court of any change to his residential address within 7 days of such change; (iv)he accept the supervision and directions of the Probation and Parole Service during the term of the bond. 2.In relation to offence 6 (sequence 20), a sentence of 1 year and six months imprisonment, the execution of which is to be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999, upon the respondent entering into a bond to be of good behaviour for a period of 1 year and 6 months, with the following conditions: (i)he appear before the Court if called upon to do so at any time during the currency of the bond; (ii)he be of good behaviour; (iii)he advise the Court of any change to his residential address within 7 days of such change; (iv)he accept the supervision and directions of the Probation and Parole Service during the term of the bond. 3.In relation to offence 7 (sequence 16), a sentence of seven months imprisonment, the execution of which is to be suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999, upon the respondent entering into a bond to be of good behaviour for a period of 7 months, with the following conditions: (i)he appear before the Court if called upon to do so at any time during the currency of the bond; (ii)he be of good behaviour; (iii)he advise the Court of any change to his residential address within 7 days of such change; (iv)he accept the supervision and directions of the Probation and Parole Service during the term of the bond. Catchwords: CRIMINAL LAW – Crown sentence appeal – child sex offences - seven charges - respondent pleaded guilty – respondent was a juvenile when offences were committed – sentence – five year good behaviour bond – suspended aggregate sentence of 2 years imprisonment – whether error in identifying qualified discount for remorse – whether error in imposing a suspended aggregate sentence – whether error in imposing a single bond for five offences - whether indicated sentences reveal error in aggregate sentence - whether aggregate sentence manifestly inadequate – whether indicating non-parole periods for indicated sentences was in error – whether individual bonds were manifestly inadequate – whether overall sentence was manifestly inadequate – residual discretion in re-sentencing Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: AB v R [2014] NSWCCA 31 BJS v R [2013] NSWCCA 123 Burnard v R [2009] NSWCCA 5; (2009) 193 A Crim R 23 Cahyadi v R [2007] NSWCCA 1; (2009) 168 A Crim R 41 CL v R [2014] NSWCCA 196 Cullen v R [2014] NSWCCA 162 Director of Public Prosecutions (Cth) v De Ghobrial v R [2012] NSWCCA 221 Green v The Queen [2011] HCA 49; (2011) 244 CLR 462 Hili v The Queen [2010] HCA 45, (2010) 242 CLR 520 IE v R [2008] NSWCCA 70; (2008) 183 A Crim R 150 JL v R [2014] NSWCCA 130 JM v R [2014] NSWCCA 297 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Martin v R [2014] NSWCCA 124 MJ v R; CPD v R [2010] NSWCCA 52 MLP v R [2006] NSWCCA 271; (2006) 164 A Crim R 93 Ngati v R [2013] NSWCCA 203 Oh v R [2010] NSWCCA 148 PD v R [2012] NSWCCA 242 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v AJP [2004] NSWCCA 434; (2004) 150 A Crim R 575 R v Blackman and Walters [2001] NSWCCA 121 R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1 R v Brown [2012] NSWCCA 199 R v Burns [2007] NSWCCA 228 R v Bus (unreported, New South Wales Court of Criminal Appeal, Hunt CJ at CL, Grove J, Allen J, 3 November 1995) R v Clarke [2013] NSWCCA 260 R v Dinsdale [2000] HCA 54; (2000) 202 CLR 321 R v Egan [2013] NSWCCA 196 R v Grover; Grover v R [2013] NSWCCA 149 R v Holyoak (1995) 82 A Crim R 502 R v MAK; R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Nykolyn [2012] NSWCCA 219 R v PGM [2008] NSWCCA 172; (2008) 187 A Crim R 152 R v Rae [2013] NSWCCA 9 R v Zamagias [2002] NSWCCA 17 SHR v R [2014] NSWCCA 94 Stoeski v R [2014] NSWCCA 161 Subramaniam v R [2013] NSWCCA 159 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: Regina (Appellant) RM (Respondent) Representation: Counsel: P Ingram SC (Appellant) T Molomby SC with A Healey (Respondent)