AK v R [2016] NSWCCA 238

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AK v R [2016] NSWCCA 238 Hearing dates: 16 March 2016 Decision date: 28 October 2016 Before: Beazley P at [1] Johnson J at [2] Harrison J at [136] Decision: 1. Applicant granted an extension of time to 8 October 2015 to make application for leave to appeal against sentence.

2. Applicant granted leave to appeal against sentence.

3. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – Applicant sentenced for child sexual offences contrary to s.66C(2) and s.61M(2) Crimes Act 1900 – two female victims aged between nine and 11 years – whether trial Judge erred in manner in which he took into account uncharged sexual misconduct of Applicant – error demonstrated – whether sentencing Judge erred in approach to Applicant's remorse and risk of reoffending – no error demonstrated – independent sentencing discretion exercised in accordance with Kentwell v The Queen [2014] HCA 37; 252 CLR 601 – serious examples of offending of this type – Applicant's limited insight and remorse – no lesser sentence warranted – appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes Legislation Amendment (Child Sex Offences) Act 2015 Criminal Appeal Act 1912 Cases Cited: Attorney General's Application Under Section 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146 BIP v R [2011] NSWCCA 224 Clarke v R [2009] NSWCCA 49 Corby v R [2010] NSWCCA 146 Giles v Director of Public Prosecutions (NSW) [2009] NSWCCA 308; 198 A Crim R 395 House v The King [1936] HCA 40; 55 CLR 499 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Markarian v The Queen [2005] HCA 25; 228 CLR 357 McGrath v R [2010] NSWCCA 48; 199 A Crim R 527 MJL v R [2007] NSWCCA 261 Mun v R [2015] NSWCCA 234 NW v R [2011] NSWCCA 178 R v Gavel [2014] NSWCCA 56; 239 A Crim R 469 R v Gommerson [2014] NSWCCA 159; 243 A Crim R 534 R v JCW [2000] NSWCCA 209; 112 A Crim R 466 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 R v Qutami [2001] NSWCCA 353; 127 A Crim R 362 R v Van Ryn [2016] NSWCCA 1 Category: Principal judgment Parties: AK (Applicant) Regina (Respondent) Representation: Counsel: Ms C Wasley (Applicant) Mr E Balodis (Respondent)