Wagner v R [2018] NSWCCA 124

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wagner v R [2018] NSWCCA 124 Hearing dates: 18 May 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Before: Leeming JA, Button and Fagan JJ Decision: Leave to appeal against sentence is granted. The sentences passed on the applicant on 9 June 2017 in the District Court at Campbelltown are quashed and in lieu thereof the applicant is sentenced as is provided in orders 3, 4, 5 and 6. For count (or sequence) 1 the appellant is sentenced to imprisonment for 1 year and 3 months to commence 17 January 2017 and to expire on 16 April 2018. For count (or sequence) 2 the appellant is sentenced to imprisonment for 1 year and 11 months to commence 17 June 2017 and to expire on 16 May 2019. Pursuant to s 19AC and s 20(1)(b) of the Crimes Act 1914 (Cth) it is ordered that that the applicant be released at the expiry of 16 November 2018 upon his own recognizance, for a period of 6 months, (i) to be of good behaviour; (ii) to be subject to the supervision of officers of Community Corrections and to obey all reasonable directions of that service; (iii) to obey any requirement of Community Corrections that he permit inspection of any mobile phone owned or possessed by him and to provide access to any data on such mobile phone; (iv) to accept any direction of Community Corrections that he attend any sex offender treatment program and/or that he be evaluated for or accept treatment for any mental health disorder including depression; (v) to forfeit surety in the sum of $500 in the event of breach of any of these conditions.