BJ v R [2018] NSWCCA 231

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: BJ v R [2018] NSWCCA 231 Hearing dates: 5 September 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Before: Hoeben CJ at CL at [1]; McCallum J at [50]; Beech-Jones J at [51] Decision: (1) Leave to appeal against sentence allowed. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – causing grievous bodily harm when reckless as to causing actual bodily harm – very hot liquid poured on to six month old baby by offender – offender father of child – failure to provide adequate care to victim included on a Form 1 – errors in sentencing judgment requiring re-sentence of offender – no lesser sentence warranted in law – appeal against sentence dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 35(1), 35(2), 43A(2) Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A(2)(ea) Cases Cited: Kentwell v The Queen [2014] HCA 37; 252 CLR 601 R v Daetz; R v Wilson [2003] NSWCCA 216; 139 A Crim R 398 Category: Principal judgment Parties: BJ – Applicant Regina – Respondent Crown Representation: Counsel: R Pontello – Applicant F Veltro – Respondent Crown

Solicitors: Gianna Doyle – Applicant Solicitor for Public Prosecutions – Respondent File Number(s): 2013/357505 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 5 June 2017 Before: Sutherland SC DCJ File Number(s): 2013/357505