Gold, David Marcus v R [2018] NSWCCA 135

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gold, David Marcus v R [2018] NSWCCA 135 Hearing dates: 16 May 2018 Decision date: 02 July 2018 Before: Basten JA at [1] Button J at [10] Fagan J at [88] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – offences of possessing child abuse material, disseminating child abuse material and grooming child for unlawful sexual activity – asserted error in the way the sentencing judge took into account the offences on the Form 1 – asserted failure of the sentencing judge adequately to take into account the applicant's mental condition at the time of the offences – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 66EB, 91H Criminal Procedure Act 1986 (NSW), ss 32, 33 Cases Cited: Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 2 of 2002) [2002] NSWCCA 515, (2002) 137 A Crim R 196 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194, (2010) 79 NSWLR 1 R v Henry [1999] NSWCCA 111, (1999) 46 NSWLR 346 Category: Principal judgment Parties: David Marcus Gold (Applicant) Regina (Crown) Representation: Counsel: P Boulten SC (Applicant) F Veltro (Crown)

Solicitors: Giddy and Crittenden (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2015/327378 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 12 April 2017 Before: Scotting DCJ File Number(s): 2015/327378