ZA v R [2018] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ZA v R [2018] NSWCCA 116 Hearing dates: 28 May 2018 Decision date: 08 June 2018 Before: Macfarlan JA at [1]; Johnson J at [2]; Adamson J at [3] Decision: Extension of time to appeal against conviction and to apply for leave to appeal against sentence refused. Catchwords: CRIME – conviction appeal – father arranged for his 12-year old daughter to marry – whether procured a child for unlawful sexual activity

WORDS AND PHRASES – meaning of the word "procure" in s 66EB of Crimes Act 1900 (NSW) – importance of context when considering meaning

CRIME – application for leave to appeal against sentence – assessment of objective seriousness as "very serious" open to sentencing judge – motive for offence was father's religious belief – not an ameliorating factor – no error in judge's sentencing process

PRACTICE AND PROCEDURE – application for extension of time – advice received that no merit in appeal against conviction or application for leave to appeal against sentence – further advice obtained substantially later – extension of time to appeal against conviction and to apply for leave to appeal against sentence refused Legislation Cited: Crimes Act 1900 (NSW) ss 66C(1), 66EB(2)(a), 82, 83, 84, 91A, 91B, 91G, 321, 346, 351A, 351B Crimes Act 1958 (Vic) s 56 Crimes Amendment (Sexual Offences) Act 2008 (NSW) Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007 (NSW) Criminal Appeal Act 1912 (NSW) s 6 Criminal Procedure Act 1986 (NSW) s 133 Evidence Act 1995 (NSW) s 18 Interpretation Act 1987 (NSW) s 33 Marriage Act 1961 (Cth) s 11 Cases Cited: Clarkson v R; EJA v R (2011) 32 VR 361; [2011] VSCA 157 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Broadfoot [1976] 3 All ER 753 R v Hillier (2007) 228 CLR 618; [2007] HCA 13 R v Nelson [2016] NSWCCA 130 R v Russell [1933] VLR 59 Regina v Castiglione [1963] SR (NSW) 393 Regina v Pikos [1967] VR 89 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Truong v The Queen (2004) 223 CLR 122; [2004] HCA 10 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 7 November 2007 United Nations, Convention on the Rights of the Child, 1989 Category: Principal judgment Parties: ZA (Applicant) Regina (Respondent) Representation: Counsel: J Trevallion (Applicant) B Hatfield (Respondent)