R v Toma [2018] NSWCCA 45

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Toma [2018] NSWCCA 45 Hearing dates: 16 February 2018 Decision date: 23 March 2018 Before: Hoeben CJ at CL at [1]; White JA at [2]; N Adams J at [54] Decision: Appeal dismissed. Catchwords: CRIME – Crown appeal against sentence - participating in acts of child prostitution - s 91D Crimes Act 1900 (NSW) – whether the sentencing judge erred in his assessment of the objective seriousness of the offending leading to the imposition of a sentence that was manifestly inadequate – whether the sentence was manifestly inadequate – residual discretion exercised not to resentence Legislation Cited: Crimes (Child Prostitution) Amendment Act 1988 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) - ss 3A(b), 7 Crimes Act 1900 (NSW) - ss 91C, 91D(1)(b) Criminal Appeal Act 1912 (NSW) - s 5D Cases Cited: CTM v The Queen (2008) 236 CLR 440; [2008] HCA 25 Glover v The Queen [2016] NSWCCA 316 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 R v Darwich [2018] NSWCCA 46 R v Nelson [2016] NSWCCA 130 R v O'Connor [2014] NSWCCA 53 Category: Principal judgment Parties: Regina (Crown) Elia Toma (Respondent) Representation: Counsel: S Dowling SC (Crown) D Barrow (Respondent)

Solicitors: C Hyland – Solicitor for Public Prosecutions (Crown) M MacDonald – Nyman Gibson Miralis (Respondent) File Number(s): 2012/165924 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 2 November 2017 Before: Blackmore DCJ File Number(s): 2012/165924