Stanton v R [2017] NSWCCA 250

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stanton v R [2017] NSWCCA 250 Hearing dates: 3 May 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Before: Johnson J at [1]; Adamson J at [159]; Campbell J at [160] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: SENTENCING - Appeal against sentence - specific offences - historic child sexual abuse - offences by a religious brother and teacher against three boys (aged between nine and 11 years) during 18-month period in 1980 and 1981 - 12 offences of indecent assault, buggery and attempted buggery, with seven further offences on a Form 1 - severity - whether principle of totality applied - whether any error in imposing indicative sentences - whether aggregate sentence manifestly excessive

SENTENCING - Appeal against sentence - specific offences - historic child sexual abuse - whether due regard was had to sentencing practices at the time of the offences

SENTENCING - Appeal against sentence - remorse, rehabilitation and good character - where limited evidence lead by the offender - whether post-sentence conduct was sufficiently considered by the sentencing judge ­- whether sentencing judge erred in failing to make findings of remorse, rehabilitation or good character in the light of limited evidence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Azzopardi v R (2011) 219 A Crim R 369; [2011] VSCA 372 BJS v R (2013) 231 A Crim R 537; [2013] NSWCCA 123 Brown v R [2012] NSWCCA 199 JM v R (2014) 246 A Crim 528; [2014] NSWCCA 297 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 at 304, 308, 340 Power v The Queen [1974] HCA 26; 131 CLR 623 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v Gommeson (2014) 243 A Crim R 534; [2014] NSWCCA 159 R v MAK (2006) 167 A Crim 159; [2006] NSWCCA 381 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Sullivan v R [2008] NSWCCA 296 Wilson v R [2017] NSWCCA 41 ZA v R [2017] NSWCCA 132 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Texts Cited: --- Category: Principal judgment Parties: Regina (Respondent) Representation: Counsel: Mr S Odgers SC (Applicant) Mr SA Hughes (Respondent)