Rajasekar v R [2017] NSWCCA 113

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rajasekar v R [2017] NSWCCA 113 Hearing dates: 10 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Before: Leeming JA at [1] Adamson J at [2] Wilson J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – Sentence appeal – offences of use carriage service to groom person under 16 – use carriage service to engage in sexual activity with person under 16 – possess child abuse material – further offences on a schedule - question of application of totality principle – complaint as to degree of accumulation – complaint of manifest excess – nor error found – no point of principle Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth). Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Cahyadi v R (2007) 168 A Crim R 41 Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 19 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Nguyen v R (2016) 256 CLR 656; [2016] HCA 14 Category: Principal judgment Parties: John RAJASEKAR (Applicant) Regina (Respondent) Representation: Counsel: I McLachlan (Applicant) L Fernandez (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2014/333056 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 16 December 2015 Before: Hanley SC DCJ File Number(s): 2014/333056