PH v R [2017] NSWCCA 79

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: PH v R [2017] NSWCCA 79 Hearing dates: 14 November 2016 Date of orders: 28 April 2017 Decision date: 28 April 2017 Before: Meagher JA at [1]; Rothman J at [11]; Button J at [67] Decision: Leave to appeal refused. Catchwords: APPEAL – criminal law – applicant sexually assaulted his three daughters – earlier convictions in relation to daughters of previous relationship – applicant did not give evidence on sentence – sentencing judge doubted history given to psychiatrists – applicant put on notice as to doubt – reliance on infelicitous comment in ex tempore judgment – reliance on manner in which sentencing judge declined to make firm findings on applicant's history – no ground has merit Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M(2) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Niketic [2002] NSWCCA 425 R v Palu (2002) 134 A Crim R 174; [2002] NSWCCA 381 R v Qutami (2001) 127 A Crim R 369; [2001] NSWCCA 353 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: PH (Applicant) Crown (Respondent) Representation: Counsel: T Quiter (Applicant) E Balodis (Respondent)

Solicitors: Legal Aid (NSW) (Applicant) Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/60911 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 12 November 2015 Before: Syme DCJ File Number(s): 2014/60911