EG v R [2015] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: EG v R [2015] NSWCCA 21 Hearing dates: 23 February 2015 Decision date: 03 March 2015 Before: Hoeben CJ at CL at [1] Harrison J at [49] R A Hulme J at [50] Decision: The sentence imposed by the District Court on applicant on 5 March 2014 is quashed.

In lieu thereof, applicant sentenced to imprisonment with a non-parole period of 1 year, commencing 5 March 2014 and expiring 4 March 2015, with a balance of term of 1 year expiring 4 March 2016.

Applicant to be released to parole on the expiration of the parole period. Catchwords: CRIMINAL LAW – sentence appeal – aggravated sexual intercourse with a child under 10 years – whether too much weight given to Victim Impact Statement – harm asserted in statement well beyond that which might ordinarily be expected – unusual facts – no sexual motivation – applicant affected by mental disability – assistance to authorities – genuine remorse – sentence manifestly excessive – need to re-sentence. Legislation Cited: Crimes Act 1900 – s66A(2) Crimes (Sentencing Procedure) Act 1999 – s21A(3)(a) Cases Cited: DBW v R [2007] NSWCCA 236 Dinsdale v R [2000] HCA 54; 202 CLR 321 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 R v Ellis [1986] 6 NSWLR 603 R v Gavel [2014] NSWCCA 56 R v MJB [2014] NSWCCA 195 R v Tuala [2015] NSWCCA 8 RP v R [2013] NSWCCA 192 RR v R [2011] NSWCCA 235 SW v R [2013] NSWCCA 255 Category: Principal judgment Parties: EG – Applicant Regina – Respondent Crown Representation: Counsel: T Molomby SC – Applicant K McKay – Respondent Crown