Croxon v R [2017] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Croxon v R [2017] NSWCCA 213 Hearing dates: 28 August 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Before: Hoeben CJ at CL at [1] Davies J at [2] Bellew J at [3] Decision: (1) Leave to appeal is granted.

(2) The appeal is allowed.

(3) The sentences imposed by Acting Judge Delaney in the District Court on 19 August 2016 are set aside.

(4) In lieu thereof, the applicant is sentenced as follows:

(i) in respect of count 1, a non-parole period of 2 years imprisonment to date from 26 February 2015 and to expire on 25 February 2017, with an additional term of 8 months imprisonment to expire on 25 October 2017;

(ii) in respect of count 2, a non-parole period of 4 years imprisonment to date from 26 August 2015 and to expire on 25 August 2019, with an additional term of 1 year and 5 months imprisonment to expire on 25 January 2021.

(5) The applicant will be eligible for release on parole on 25 August 2019. Catchwords: CRIMINAL LAW – Appeal – Appeal against sentence – Where applicant pleaded guilty to two counts of sexual offending committed on a pupil whilst he was a school teacher – Where sentencing judge wholly accumulated the two sentences – Where the aggregate sentence imposed reflected a failure on the part of the sentencing judge to have proper regard to considerations of totality – Sentence manifestly excessive – Applicant re-sentenced

PRACTICE AND PROCEDURE – Criminal law – Observations as to the inappropriate use of a Form 1 by the Crown Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: AG v R [2016] NSWCCA 102 Cahyadi v R [2007] NSWCCA 1 DG v R [2017] NSWCCA 139 Doe v R [2013] NSWCCA 248 Ewen v R [2015] NSWCCA 117 FB v R [2014] NSWCCA 282 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Kertai v R [2013] NSWCCA 252 MLP v R [2014] NSWCCA 183 R v AJP [2004] NSWCCA 434 R v Egan [2016] NSWCCA 285 R v Gavel [2014] NSWCCA 56 R v Holder (1983) 3 NSWLR 245 R v MNK [2006] NSWCCA 272 R v King [2009] NSWCCA 117 Category: Principal judgment Parties: David Reginald Croxon – Applicant Regina – Respondent Representation: Counsel: S Kluss – Applicant E Balodis – Respondent