Rainbow v R [2018] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rainbow v R [2018] NSWCCA 42 Hearing dates: 7 February 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Before: Beazley P: [1] Garling J: [2] Hidden AJ: [3] Decision: Leave to appeal granted. Appeal allowed. Quash the sentence passed in the District Court and, in lieu, sentence the applicant to a non-parole period of 2 ½ years, commencing on 27 November 2015 and expiring on 26 May 2018, and a balance of term of 1 ½ years, commencing on 27 May 2018 and expiring on 26 November 2019. The applicant would be eligible for release on parole on 27 May 2018. Catchwords: CRIMINAL LAW – sentence appeal – aggravated sexual intercourse with a child between the ages of 14 and 16 – circumstance of aggravation victim's cognitive impairment – whether sentencing judge erred in describing applicant's conduct as a breach of trust – whether sentence manifestly excessive. Legislation Cited: Crimes Act 1900 ss 61M, 61H, 66C Crimes (Sentencing Procedure) Act 1999, s 21 Cases Cited: Cowling v R [2015] NSWCCA 213 Hili v The Queen, Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 R v JF [2017] NSWCCA 217 R v Nelson [2016] NSWCCA 130 Veen v The Queen [No. 2] (1987-88) 164 CLR 465 Wakeling v R [2016] NSWCCA 33, and R v JF [2017] NSWCCA 217 Category: Principal judgment Parties: Regina Trevor John Rainbow Representation: Counsel: Ms H Roberts – (Crown) Mr D Carroll – (Applicant)