Porter v R [2019] NSWCCA 117

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Porter v R [2019] NSWCCA 117 Hearing dates: 1 May 2019 Decision date: 12 June 2019 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Davies J at [94] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIME — appeals — appeal against sentence – offences of sexual intercourse without consent with threatened and malicious infliction of actual bodily harm – offences committed in January 2002 – offender not sentenced until 2018 – offender sentenced for similar offences committed in February 2001 and February 2002 – whether sentencing judge needs to consider likely head sentence if offender sentenced for all three offences at one time – artificial consideration where earlier sentences had expired – failure to give reasons in relation to totality, remorse, rehabilitation prospects and unlikelihood of re-offending – consideration of relevance of delay and totality in resentencing exercise – no lesser sentence warranted Legislation Cited: Crimes Act 1900 (NSW) ss 61J(1), 86(1) Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A(5AA), 47 Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 (NSW) Criminal Appeal Act 1912 (NSW) s 6(3) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Dimian v R [2016] NSWCCA 223 Imbornone v R [2017] NSWCCA 144 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 R v Fernando (1992) 76 A Crim R 58 R v Hall [2017] NSWCCA 313 R v Kay [2004] NSWCCA 130 R v Omar [2015] NSWCCA 67 R v Todd [1982] 2 NSWLR 517 WAP v R [2017] NSWCCA 212 Category: Principal judgment Parties: Anthony Francis Porter (Applicant) Regina (Respondent) Representation: Counsel: Mr R Wilson (Applicant) Mr G Newton (Crown)