NG v R [2017] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: NG v R [2017] NSWCCA 161 Hearing dates: 02 May 2017 Date of orders: 05 July 2017 Decision date: 05 July 2017 Before: Johnson J Beech-Jones J Fagan J Decision: 1. Leave to appeal is granted.

2. The sentences imposed in the District Court by Acting Judge Delaney on 19 August 2016 are quashed.

3. In lieu thereof, the applicant is sentenced to an aggregate sentence of imprisonment of 12 years and 7 months comprising a non-parole period of 9 years and 6 months commencing on 17 February 2016 and expiring on 16 August 2025, with a balance of term of 3 years and 1 month commencing on 17 August 2025 and expiring on 16 September 2028.

4. The earliest date upon which the applicant will be eligible for release on parole is 17 August 2025. Catchwords: CRIMINAL LAW – appeal against sentence – offences against ss 66A, 66C Crimes Act 1900 – where trial judge considered incorrect maximum penalty for s 66A offence

CRIMINAL LAW – appeal against sentence – five counts of historical offences against ss 76, 76A Crimes Act 1900 – three offences charged with two on Form 1 – whether trial judge erred in determining objective seriousness of offences – where trial judge confused substantive count with Form 1 count when determining sentence

CRIMINAL LAW – appeal against sentence – resentencing for historical offences – s 76 Crimes Act 1900 contemplates a broad range of offending conduct – lesser maximum penalty than subsequently enacted provisions that encompass the same conduct – historical sentencing patterns for sexual offences – non-parole periods for historical offences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AJB v R [2007] NSWCCA 51; 169 A Crim R 32 Andreata v R [2015] NSWCCA 239 BP v R [2010] NSWCCA 303 Donaghey v R [2015] NSWCCA 119 Henderson v R [2016] NSWCCA 8 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Magnuson v R [2013] NSWCCA 50 MPB v R [2013] NSWCCA 213; 234 A Crim R 576 Panetta v R [2016] NSWCCA 85 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Ellis (1986) 6 NSWLR 603 R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129 RR v R [2011] NSWCCA 235; 216 A Crim R 489 TO v R [2017] NSWCCA 12 Category: Principal judgment Parties: NG (applicant) Regina (respondent) Representation: Counsel: Ms Jane Paingakulam (applicant) Ms Helen Roberts (respondent)