PS v R [2015] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PS v R [2015] NSWCCA 20 Hearing dates: 20 February 2015 Date of orders: 05 March 2015 Decision date: 05 March 2015 Before: Hoeben CJ at CL at [1] R A Hulme at [2] Davies J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence – sexual offences with child – applicant with cognitive and intellectual difficulties – whether taken into account by sentencing judge – no causal link to offending – whether reduced weight should have been given to general deterrence – whether protection of society significant – no error demonstrated Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Cases Cited: R v Engert (1995) 84 A Crim R 67 Zaharos v R [2008] NSWCCA 336 Category: Principal judgment Parties: PJS (Applicant) Crown (Respondent) Representation: Counsel: T Gartelmann (Applicant) N Williams (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/201413 Publication restriction: The name and any information identifying the applicant not be published in accordance with the powers of the Court pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW). The order is necessary to protect the victim. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 06 December 2013 Before: Charteris DCJ File Number(s): 2013/201413