R v Neville [2018] NSWCCA 125

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Neville [2018] NSWCCA 125 Hearing dates: 14 May 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Before: Beazley P, Button and Fagan JJ Decision: Allow the appeal. The aggregate sentence for counts 1A and 1-5 imposed by his Honour Judge Ingram SC on 16 February 2018 is quashed. In lieu thereof for the offences in counts 1A and 1-5 the respondent is sentenced to an aggregate term of imprisonment comprising a non-parole period of 10 years commencing on 4 May 2017 and expiring on 3 May 2027 and a balance of term of 5 years commencing on 4 May 2027 and expiring on 3 May 2032. Catchwords: CRIMINAL LAW – Crown appeal against sentence – adequacy of sentence – sexual intercourse with child under 10 years, using a child for pornographic purposes and possession of child pornography contrary to Crimes Act 1900 (NSW), s 66A, 91G, 91H – complainants were daughters of offender under his parental authority and care – plea of guilty for charge of possession of child pornography – found guilty after trial on other charges – where no remorse nor acceptance of responsibility demonstrated – whether sentence manifestly inadequate – whether "special circumstances" within meaning of Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 – appeal allowed and offender resentenced Legislation Cited: Crimes Act 1900 (NSW) s 91H(2), s 91G(1)(a), 66A Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A, s 9, s 44 Cases Cited: Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 Category: Principal judgment Parties: Regina (applicant) Neville (a pseudonym) (respondent) Representation: Counsel: N J Adams (applicant) A Francis (respondent)