WC v R [2016] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WC v R [2016] NSWCCA 173 Hearing dates: 27 April 2016 Date of orders: 17 August 2016 Decision date: 17 August 2016 Before: Hoeben CJ at CL at [1] Campbell J at [2] Natalie Adams J at [79] Decision: (1) Grant leave to appeal and allow the appeal; (2) Quash the sentence passed in the District Court on 16 February 2015; (3) Re-sentence the applicant to an aggregate term of imprisonment with a non-parole period of 11 years and 9 months commencing on 9th November 2011 and expiring on 8th August 2023 with an additional term of 5 years and 3 months commencing on 9th August 2023 and expiring on 8th November 2028; (4) The earliest date upon which the applicant will be eligible for release on parole will be on the expiration of the non-parole period on 8th August 2023. Catchwords: CRIMINAL LAW – appeal – appeal against sentence –interstate offending – totality principle – assessment of rehabilitation in context of interstate imprisonment CRIMINAL LAW – appeal– appeal against sentence– rejection of expert report as to risk of reoffending by sentencing judge– whether reasons for rejection adequate – where reasons for decision made clear Legislation Cited: Crimes Act 1900 (NSW), ss 59, 61M(2), 61O(1), 61O(1A), 66(2), 66C(2), 78A Criminal Appeal Act 1912 (NSW), ss 5(1)(c), s 6(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A(d), 22A, 33, 47(2), 53A Cases Cited: Kentwell v The Queen [2014] HCA 37; 252 CLR 601 CMB v Attorney General for New South Wales [2015] HCA 9; 89 ALJR 407 Mill v The Queen [1988] HCA 70; 166 CLR 59 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 R v Ellis (1986) 6 NSWLR 603 R v MAK & MSK [2006] NSWCCA 381; 167 A Crim 159 R v Pogson [2012] NSWCCA 225; 82 NSWLR 60 R v Todd [1982] 2 NSWLR 517 Vartzokas v Zanker (1989) 51 SASR 277; 44 A Crim R 243 Category: Principal judgment Parties: WC – Applicant Regina – Respondent Crown Representation: Counsel: S Healy – Applicant N Noman SC – Respondent Crown