TP v R [2018] NSWCCA 140

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TP v R [2018] NSWCCA 140 Hearing dates: 8 June 2018 Date of orders: 16 July 2018 Decision date: 16 July 2018 Before: White JA at [1] Bellew J at [2] Wilson J at [30] Decision: (1) Leave to appeal granted. (2) Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – Sentence – Appeal – Sexual offending – Where applicant was the father of the victim – Where the offending occurred in home environment where victim entitled to feel safe – Multiplicity of offences – Offending accompanied by reassurances on the part of the applicant to the victim that the acts constituting the offending were appropriate – Limited significance of short duration of offending – Necessity for general deterrence – Necessity to balance an offender's subjective case against the objective seriousness of the offending – Sentence not manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Croxon v R [2017] NSWCCA 213 Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54 Doe v R [2013] NSWCCA 248 Kearsley v R [2017] NSWCCA 28 R v Dodd (1991) 57 A Crim R 349 R v Freedman [2017] NSWCCA 201 R v Van Ryn [2016] NSWCCA 1 Simpson v R [2014] NSWCCA 23 Vaiusu v R [2017] NSWCCA 71 Category: Principal judgment Parties: TP – Applicant Regina – Respondent Representation: Counsel: G D Woods QC and T Woods – Applicant F Veltro – Respondent