Hornhardt v R [2017] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hornhardt v R [2017] NSWCCA 186 Hearing dates: 19 July 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Before: Hoeben CJ at CL at [1]; Price J at [66]; Adamson J at [67] Decision: (1) The time for filing an application for leave to appeal against sentence is extended to 31 May 2017. (2) Leave to appeal against sentence is granted. (3) The appeal against sentence is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – seven offences of assault female and commit an act of indecency on a female under 16 – plea of guilty – three victims who were offender's natural daughters – sentenced to imprisonment for 4 years with non-parole period of 2 years – whether sufficient weight given to offender's age, ill-health and remorse – whether sufficient weight given to delay in prosecution – whether sentencing judge misstated facts of one of the offences – breach of Di Simoni principle – need to resentence – no lesser sentence warranted – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 76 Criminal Appeal Act 1912 (NSW) – s 10 Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 21A, 53A Cases Cited: Golossian v R [2013] NSWCCA 311 House v The King [1936] HCA 40; 55 CLR 499 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Lehn v R [2016] NSWCCA 255 Magnuson v R [2013] NSWCCA 50 Ngati v R [2013] NSWCCA 203 RLS v R [2012] NSWCCA 236 Wilson v R [2017] NSWCCA 41 Zhao v R [2016] NSWCCA 179 Category: Principal judgment Parties: Kevin Alfred Hornhardt – Applicant Regina – Respondent Crown Representation: Counsel: P Segal – Applicant T Smith – Respondent Crown