Mark Anthony CLAPPISON v R [2017] NSWCCA 33

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mark Anthony CLAPPISON v R [2017] NSWCCA 33 Hearing dates: 13 February 2017 Date of orders: 10 March 2017 Decision date: 10 March 2017 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Latham J at [3]. Decision: (1) Leave to appeal granted and appeal allowed (2) The sentences imposed on 14 August 2015 are quashed. (3) Remit the matter to the District Court for a hearing de novo pursuant to s 12(2) of the Criminal Appeal Act 1912. (4) The matter is listed for mention at Sydney District Court on 17 March 2017. Catchwords: CRIMINAL LAW – appeal against sentence – historical homosexual offence – where form 1 contravenes s 33(4) Crimes (Sentencing Procedure) Act 1999 – remittal to District Court Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Category: Principal judgment Parties: Applicant: Mark Anthony Clappison Respondent: Regina Representation: Counsel: Applicant: P Doyle Respondent: E Balodis

Solicitors: Applicant: G Breton Respondent: C Hyland, NSW DPP File Number(s): 2013/00269489 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 14 August 2015 Before: McLoughlin DCJ File Number(s): 14/00149679