ME v R [2019] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ME v R [2019] NSWCCA 91 Hearing dates: 5 April 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Before: Macfarlan JA at [1] R A Hulme J at [2] Davies J at [3] Decision: (1) Grant leave to appeal.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – applicant pleaded guilty to five aggravated sexual offences committed against his biological daughter – further sexual offences taken into account on a Form 1 – whether the sentencing judge erred in fixing the indicative sentence for one offence resulting in the sentencing discretion miscarrying – where the sentencing judge wrongly described one of the offences when identifying its indicative sentence in the Remarks on Sentence – where a reading of the Remarks as a whole indicated that the sentencing judge correctly understood the applicable legislative guideposts for sentencing the relevant offence – indicative sentence reflected the sentencing judge's finding of objective seriousness – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 66C Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: ME (Applicant) Crown (Respondent) Representation: Counsel: Dr A Hughes (Applicant) K Jeffreys (Respondent)

Solicitors: T & S Law Firm (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/313510 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: R v ME [2017] NSWDC 308 Date of Decision: 27 October 2017 Before: Berman SC DCJ File Number(s): 2016/313510