Glover v R [2016] NSWCCA 316

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glover v R [2016] NSWCCA 316 Hearing dates: 26 October 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Before: Gleeson JA Fagan J N Adams J Decision: 1. The appeal against conviction is dismissed. 2. Leave is granted to appeal against severity of sentence. 3. The appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – convicted of causing a child to participate in an act of child prostitution – convicted of exercising lawful control over premises in which a child participated in act of child prostitution – Crimes Act 1900 (NSW), ss 91D, 91F – whether duplicity – whether double jeopardy – distinction between elements of each offence – whether evidence supporting one charge was sufficient to procure conviction upon the other charge

CRIMINAL LAW – appeal against sentence – whether manifest excess Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code (the Schedule to the Criminal Code Act 1995) (Cth) Copyright Act 1968 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Environment Protection Authority v Australian Iron & Steel Pty Ltd (1992) 28 NSWLR 502 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Nahlous v The Queen (2010) 77 NSWLR 463 [2010] NSWCCA 58 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 R v Dodd (1991) 56 A Crim R 451 The Queen v Carroll (2002) 213 CLR 635; [2002] HCA 55 The Queen v Elrington (1861) 1 B & S 688; 121 ER 870 Category: Principal judgment Parties: Mark Ronald Glover (appellant) Regina (respondent) Representation: Counsel: Mr Peter Little (appellant) Mr Eric Balodis (respondent)