BB v R [2017] NSWCCA 189

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BB v R [2017] NSWCCA 189 Hearing dates: 26 July 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Before: Bathurst CJ at [1] McCallum J at [2] Bellew J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Accumulation – Totality – Whether degree of accumulation of sentences was inadequate

CRIMINAL LAW – Appeal – Sentence – Where applicant pleaded guilty to break and enter and commit a serious indictable offence in circumstances of aggravation – Where applicant indecently assaulted fifteen year old girl who was asleep in her own home – Where applicant's criminal history included an instance of similar offending – Applicant sentenced to a non-parole period of four years imprisonment and an additional term of three years imprisonment – Whether sentence manifestly excessive – Use of sentencing statistics – Where Court asked to compare the sentence with those imposed in two other cases of what were said to be like offending – Sentence not manifestly excessive in all the circumstances Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Andrews v R [2011] NSWCCA 24 House v The King (1936) 55 CLR 499; [1936] HCA 40 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MLP v R [2014] NSWCCA 183 Pannowitz v R [2016] NSWCCA 13 RLS v R [2012] NSWCCA 236 Smith v R [2013] NSWCCA 209 Category: Principal judgment Parties: BB – Applicant Regina – Respondent Representation: Counsel: I McLachlan – Applicant H Roberts - Respondent