R v DP [2019] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v DP [2019] NSWCCA 55 Hearing dates: 8 March 2019 Date of orders: 18 March 2019 Decision date: 18 March 2019 Before: Simpson AJA at [1]; Fullerton J at [2]; Wilson J at [57] Decision: 1. The Crown appeal is allowed. 2. The sentence imposed in the District Court is quashed. 3. The respondent is sentenced to a term of imprisonment of 9 years, comprising a non-parole period of 5 years and 3 months commencing 24 March 2018 and expiring 23 June 2023, with a balance of term of 3 years and 9 months expiring on 23 March 2027. Catchwords: CRIME - Appeals - Crown appeal against sentence - aggravated sexual intercourse with a child without consent - effect of the complainant's consequent pregnancy - pregnancy was a circumstance of aggravation - whether the sentencing judge erred in assessing the objective seriousness of the offending - whether the sentence was manifestly inadequate Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Attorney General for NSW v Macmahon Mining Services Pty Ltd [2019] NSWCCA 8 Attorney General for the State of New South Wales v Ceerose Pty Ltd [2019] NSWCCA 35 Attorney General for the State of New South Wales v DSF Constructions Pty Ltd [2019] NSWCCA 33 Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58 Bugmy v The Queen [2013] HCA 37; 249 CLR 571 CMB v Attorney General for New South Wales [2015] HCA 9; 256 CLR 346 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 R v Baker [2000] NSWCCA 85 R v Barker [2016] NSWCCA 193 R v Darwich [2018] NSWCCA 46 R v KB; R v JL; R v RJB [2011] NSWCCA 190 R v Phelps [2018] NSWCCA 191 R v Pullen [2018] NSWCCA 264 R v RD [2014] NSWCCA 103 Yeung v R [2018] NSWCCA 52 Category: Principal judgment Parties: The Crown (Applicant) DP (Respondent) Representation: Counsel: E Balodis (Crown) A Boe / S McGee (Respondent)