Green, Al v R [2017] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Green, Al v R [2017] NSWCCA 282 Hearing dates: On the papers Decision date: 28 November 2017 Before: Basten JA at [1]; R A Hulme J at [71]; Garling J at [72] Decision: (1) Grant leave to appeal with respect to the convictions entered on pleas of guilty.

(2) Dismiss the appeal against the convictions.

(3) Refuse leave to appeal against the aggregate sentence. Catchwords: CRIME – appeal – application for leave to appeal against convictions – convictions based on pleas to sexual assaults committed in 1984 – application to withdraw pleas – refusal to allow applicant to withdraw pleas –whether applicant capable of understanding nature of charges against him at time of pleading – whether applicant intended to enter pleas – whether pleas induced by inappropriate conduct of legal representatives

CRIME – appeal – application for leave to appeal against sentence – sexual assaults committed in 1984 – whether sentence manifestly excessive – whether inappropriate reliance on pre-sentence report – sentencing principles for historical offences – need for sentences to reflect objective seriousness of offending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 19 Crimes Act 1900 (NSW), ss 61D, 61I, 90 Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: McIntosh v R [2015] NSWCCA 184 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 MPB v R [2013] NSWCCA 213; 234 A Crim R 576 R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129 Regina v SL [2004] NSWCCA 397 RL v R [2015] NSWCCA 106 Senior v R [2017] NSWCCA 220 Category: Principal judgment Parties: Al Green aka Glen Alan Rozynski (Applicant) Regina (Respondent) Representation: Counsel: Applicant self-represented Ms H Roberts (Respondent)