NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v AH [2019] NSWDC 39 Hearing dates: 07 February 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [103] – [104] Catchwords: SENTENCING – Child sexual assault – abuse of trust – step father and step daughter – injection of drugs
SENTENCING – Assistance to authorities – Question of whether Ellis discount should be applied – limited utility of admission
SENTENCING – Subjective considerations on sentence – first time offender – remorse established – reasonable prospects of rehabilitation – special circumstances found Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No1 of 2002) (2002) 56 NSWLR 146; 137 A Crim R 180; [2002] NSWCCA 518 McDowall v R [2019] NSWCCA 29 Panetta v R [2016] NSWCCA 85 R v ABS [2005] NSWCCA 255 R v Cheikh; R v Hoete [2004] NSWCCA 448 R v Kennedy [2000] NSWCCA 527 R v Stambolis (2006) 160 A Crim R 510; [2006] NSWCCA 56 Tazelaar v R [2009] NSWCCA 119 Texts Cited: N/A Category: Sentence Parties: Regine (Crown) AH (Offender) Representation: Counsel: Mr D G Pullinger
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