RJB v R [2015] NSWCCA 93

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RJB v R [2015] NSWCCA 93 Hearing dates: 4 November 2014 Date of orders: 15 May 2015 Decision date: 15 May 2015 Before: Meagher JA at [1] Hidden J at [2] RS Hulme AJ at [50] Decision: (1) Leave to appeal is granted and the appeal is allowed.

(2) The sentences on counts 3 and 5 are quashed and, in lieu, on each count the applicant is sentenced to a non-parole period of 3 years, commencing on 2 August 2014 and expiring on 1 August 2017, and a balance of term of 1 year, commencing on 2 August 2017 and expiring on 1 August 2018.

(3) The appeal is otherwise dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – offences of sexual assault perpetrated by applicant upon his step-daughter – whether sentencing judge erred in assessing the objective gravity of the offences, in the measure of accumulation of sentences, and in his consideration of the applicant's subjective case – correction of error in passing fixed terms of imprisonment for 2 offences which carried standard non-parole periods Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Aguirre v R [2010] NSWCCA 115 AWKO v R [2010] NSWCCA 90 Collier v R [2012] NSWCCA 213 Hristovski v R [2010] NSWCCA 129 Muldrock v The Queen [2011] HCA 39, 244 CLR 120 R v Hemsley [2004] NSWCCA 228 R v Knight & Biuvanua [2007] NSWCCA 283, 176 A Crim R 338 R v MMK [2006] NSWCCA 272, 164 A Crim R 481 R v XX [2009] NSWCCA 115 Category: Principal judgment Parties: RJB (applicant) Regina (Crown) Representation: Counsel: K Ginges (applicant) N Williams (Crown)