Bravo v R [2015] NSWCCA 302

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bravo v R [2015] NSWCCA 302 Hearing dates: 30 November 2015 Decision date: 30 November 2015 Before: Beazley P at [1]; Johnson J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – range of child sexual assault offences committed against stepdaughter – aggregate sentence – a number of errors alleged concerning specification of indicative sentences – Crown concessions as to some errors alleged including Muldrock error – sentencing discretion – whether some other sentence warranted in law – aggregate sentence imposed within range – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 61M, 66A, 66C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 44(2) Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: JM v R [2014] NSWCCA 297 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 McIntosh v R [2015] NSWCCA 184 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Gavel [2014] NSWCCA 56 Saddler v R [2009] NSWCCA 83; 194 A Crim R 452 Texts Cited: Criminal Law News (2015) 22(8) Crim LN [3572] Category: Principal judgment Parties: Bravo (Applicant) Regina (Respondent) Representation: Counsel: Mr D Carroll (Applicant) Ms M Cinque SC (Crown)