Harris v R [2017] NSWCCA 254

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Harris v R [2017] NSWCCA 254 Hearing dates: 20 October 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Before: Hoeben CJ at CL at [1]; Beech-Jones J at [55]; N Adams J at [56] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – offences of aggravated break enter and commit a serious indictable offence and aggravated sexual assault – 16 years delay between offending and arrest of applicant – delay in sentencing due to failure by applicant to come forward – whether delay properly taken into account by sentencing judge – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss s 61J(1), 112(2), 344A Criminal Appeal Act 1912 (NSW) – s 6(1) Cases Cited: Elchiekh v R [2016] NSWCCA 225 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Mill v R [1988] HCA 70; 166 CLR 59 R v EGC [2005] NSWCCA 392 R v Kay [2004] NSWCCA 130 R v Ponfield [1999] NSWCCA 435; 48 NSWLR 327 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Phillip Scott Harris – Applicant Regina – Respondent Crown Representation: Counsel: S Healy – Applicant F Veltro – Respondent Crown

Solicitors: P Ryan – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2014/245533 Publication restriction: Non-publication order re: identity of complainant Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 21 June 2016 Before: English DCJ File Number(s): 2014/245533