AH v R [2015] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AH v R [2015] NSWCCA 51 Hearing dates: 25 August 2014 Date of orders: 31 March 2015 Decision date: 31 March 2015 Before: Beazley P at [1] Hidden J at [2] Fullerton J at [34] Decision: Leave to appeal granted, appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – child sexual offences – whether applicant's good character assisted him in commission of offences – Crimes (Sentencing Procedure) Act, s 21A(5A) – whether lesser sentence warranted Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bonwick v R [2010] NSWCCA 177 JM v R [2014] NSWCCA 297 Kentwell v The Queen [2014] HCA 37, 88 ALJR 947 O'Brien v R [2013] NSWCCA 197 R v Engert (1995) 84 A Crim R 67 R v PGM [2008] NSWCCA 172, 187 A Crim R 152 Category: Principal judgment Parties: AH (applicant) Regina (Crown) Representation: Counsel: W Hunt (applicant) V Lydiard (Crown)

Solicitors: SE O'Connor – Legal Aid NSW (applicant) S Kavanagh – Solicitor for Public Prosecutions (Crown) File Number(s): 2013/182295 Publication restriction: Yes Decision under appeal Court or tribunal: District Court Date of Decision: 12 December 2013 Before: Hock DCJ File Number(s): 2013/182295