XZ v R [2018] NSWCCA 76

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: XZ v R [2018] NSWCCA 76 Hearing dates: 7 March 2018 Date of orders: 30 April 2018 Decision date: 30 April 2018 Before: Payne JA at [1] Johnson J at [2] Campbell J at [79] Decision: Leave to appeal against sentence granted. Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – child sexual assault offences – sexual intercourse with a child under 10 years, then being a person under the authority of the Applicant, contrary to s.66A(2) Crimes Act 1900 – incite a child under 10 years to commit an act of indecency contrary to s.61O(2) Crimes Act 1900 – assault a child under the age of 16 years and at the time of the assault commit an act of indecency contrary to s.61M(2) Crimes Act 1900 – sexual intercourse with a child under 10 years contrary to 66A(1) Crimes Act 1900 – two victims of child sexual assault were the Applicant's step-granddaughters – additional Form 1 offences with respect to each victim - unrelated firearm offence – possess more than three unregistered firearms including at least one prohibited firearm contrary to s.51D(2) Firearms Act 1996 – aggregate sentence of imprisonment for 15 years and non-parole period of 10 years and six months – claim that sentence manifestly excessive – aggregate sentence reflected totality of Applicant's serious offending against two young victims over a period of time together with unrelated firearm offence – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 Children (Criminal Proceedings) Act 1987 Court Suppression and Non-publication Orders Act 2010 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 Allen v R [2010] NSWCCA 47 DV v R [2017] NSWCCA 276 Essex v R [2013] NSWCCA 11 Ingham v R [2014] NSWCCA 123 Jones v R [2012] NSWCCA 262 KB v R [2015] NSWCCA 220 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 MLP v R [2014] NSWCCA 183 R v Achurch (2011) 216 A Crim R 152; [2011] NSWCCA 186 R v AZ (2011) 205 A Crim R 222; [2011] NSWCCA 43 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v Gommeson (2014) 243 A Crim R 534; [2014] NSWCCA 159 RJA v R (2008) 185 A Crim R 178; [2008] NSWCCA 89 R v Krstic [2005] NSWCCA 391 R v Lachlan (2015) 252 A Crim R 277; [2015] NSWCCA 178 Taylor v R [2018] NSWCCA 50 TO v R [2017] NSWCCA 12 Westaway v R [2016] NSWCCA 281 ZA v R [2017] NSWCCA 132 Category: Principal judgment Parties: XZ (Applicant) Regina (Crown) Representation: Counsel: Ms S Kluss (Applicant) Mr E Balodis (Respondent)