R v Wright [2017] NSWCCA 102

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Wright [2017] NSWCCA 102 Hearing dates: 5 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Before: Bathurst CJ at [1]; R A Hulme J at [2]; Beech-Jones J at [3] Decision: Appeal dismissed Catchwords: SENTENCING – Crown appeal – respondent aged 42 – four counts of sexual intercourse with 14-year-old girl – other sexual offences – received aggregate sentence of 3 years and 3 months – non-parole period of 1 year and 10 months – sentencing judge erred in characterising objective seriousness of the offence as "towards the lower end of objective seriousness" – no error in finding special circumstances – error in approach to accumulation – sentence manifestly inadequate – sentencing statistics – sentencing judge misunderstood statistics – Crown could have but did not correct error – discretion to intervene not exercised – appeal dismissed. Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 CMB v Attorney General for New South Wales [2015] HCA 9 Hili v The Queen [2010] HCA 45; (2010) 242 CR 520 Hoskins v R [2016] NSWCCA 157 House v The King (1936) 55 CLR 499 R v Hernando [2002] NSWCCA 489 R v Mostyn [2004] NSWCCA 97 R v Nelson [2016] NSWCCA 130 R v Stoupe [2015] NSWCCA 175 Regina v DH; Regina v AH [2014] NSWCCA 326 Wakeling v R [2016] NSWCCA 33 Wong v R [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Regina (Appellant) Glen Raymond Wright (Respondent) Representation: Counsel: N Williams (Crown) L Fernandez (Respondent)