DS v R [2017] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DS v R [2017] NSWCCA 37 Hearing dates: 28 February 2017 Date of orders: 15 March 2017 Decision date: 15 March 2017 Before: Macfarlan JA at [1] Schmidt J at [2] Wilson J at [79] Decision: (1) Leave to file the application for leave to appeal out of time is granted; (2) Leave to appeal on grounds 1 and 4 is refused; (3) Leave to appeal on ground 5 is granted; and (4) The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal – leave to appeal out of time granted – leave to appeal against sentence granted – whether there was a failure to pay proper regard to the fact that offences other than Count 1 could have been dealt with in the Children's Court – no miscarriage or serious injustice demonstrated, ground refused – whether there was a failure to take into account the applicant's immaturity other than in relation to the issue of rehabilitation – no failure demonstrated, ground refused – whether aggregate sentence imposed is manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AB v The Queen (1999) 198 CLR 111; [1999] HCA 46 AM v R (2012) 225 A Crim R 481; [2012] NSWCCA 203 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 House v The King (1936) 55 CLR 499; [1936] HCA 40 IE v R (2008) 183 A Crim R 150; [2008] NSWCCA 70 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51 PD v R [2012] NSWCCA 242 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Dunn (2004) 144 A Crim R 180; [2004] NSWCCA 41 R v MAK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v MJB [2014] NSWCCA 195 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: DS (Applicant) Regina (Crown) Representation: Counsel: Mr C Bruce SC (Applicant) Ms M M Cinque SC (Crown)