Erazo v R [2016] NSWCCA 139

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Erazo v R [2016] NSWCCA 139 Hearing dates: 17 June 2016 Date of orders: 15 July 2016 Decision date: 15 July 2016 Before: Ward JA at [1] Davies J at [8] R S Hulme AJ at [77] Decision: (1) Extend time for the application for leave to appeal to 21 January, 2016; (2) Leave to appeal granted; (3) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence – multiple sexual offences committed by offender against step-daughter – victim aged 12 to 17 years – intercourse resulting in pregnancy – offender arrested but not charged after one incident – continuation of offending - challenges to factual findings by sentencing judge – good character apart from offending – whether such good character could be disregarded - aggregate sentence – whether sentence manifestly excessive – whether offences occurring in family home was an aggravating factor – discussion concerning whether cases holding that commission of offence by family members in the victim's home is not an aggravating factor should be reconsidered – errors established – sentence not manifestly excessive - no lesser sentence warranted Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Aktar v R [2015] NSWCCA 123 AG v R [2016] NSWCCA 102 DC v State of New South Wales [2010] NSWCA 15 Ingham v R [2011] NSWCCA 88 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Knight v R [2015] NSWCCA 222 Melbom v R [2013] NSWCCA 210 R v Comert [2004] NSWCCA 125 R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469 R v Harris [2007] NSWCCA 130; (2007) 171 A Crim R 267 R v MAK and MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v MJB [2014] NSWCCA 195 R v Tuala [2015] NSWCCA 8 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 Tweedie v R [2015] NSWCCA 71 Category: Principal judgment Parties: Elver Antonio Ruiz Erazo (Applicant) Crown (Respondent) Representation: Counsel: P Little (Applicant) V Lydiard (Respondent)