Jung v R [2017] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jung v R [2017] NSWCCA 24 Hearing dates: 13 February 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 Before: Hoeben CJ at CL at [1] Johnson J at [2] Latham J at [73] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - 10 indecent assault offences under s.61L Crimes Act 1900 - two further offences taken into account on a Form 1 - offences committed by physiotherapist against six female patients during treatment - aggregate sentence of imprisonment for five years with non-parole period of three years and six months - claim of error in sentencing Judge's approach to evidence of offender's mental condition at time of offences - error not demonstrated - claim that aggregate sentence manifestly excessive - repeated offences committed against patients during treatment - abuse of trust - good character a precondition to registration as a health practitioner - offences involved gross breaches of offender's ethical obligations - need for appropriate punishment - role of general deterrence - aggregate sentence not manifestly excessive - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Health Practitioner Regulation National Law (NSW) Cases Cited: Baines v R [2016] NSWCCA 132 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 Hartman v R [2011] NSWCCA 261; 87 ACSR 52

Health Care Complaints Commission v Brush [2015] NSWCATOD 120 JM v R [2014] NSWCCA 297 Lam v R [2015] NSWCCA 143 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Panda v State of Western Australia [2017] WASCA 5 R v Arvind (NSWCCA, 8 March 1996, unreported) R v Gent [2005] NSWCCA 370; 162 A Crim R 29 R v Gommeson [2014] NSWCCA 159; 243 A Crim R 534 R v Kennedy [2000] NSWCCA 527 R v Qin [2008] NSWCCA 189 R v Reeves [2014] NSWCCA 154; 243 A Crim R 559 Reeves v R; R v Reeves [2013] NSWCCA 34 Reeves v The Queen [2013] HCA 57; 88 ALJR 215 WW v R [2012] NSWCCA 165 Texts Cited: --- Category: Principal judgment Parties: Youngjin Jung (Applicant) Regina (Respondent) Representation: Counsel: Mr B Pierce (Applicant) Ms N Williams (Respondent)