Milliner v R [2019] NSWCCA 127

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Milliner v R [2019] NSWCCA 127 Hearing dates: 13 May 2019 Decision date: 17 June 2019 Before: Leeming JA at [1] Hamill J at [2] N Adams J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed and sentences imposed at first instance are quashed. (3) In lieu thereof (a) For count 1 the offender is sentenced to a sentence of imprisonment consisting of a non-parole period of 3 years commencing from 5 April 2016 and expiring on 4 April 2019 and a balance of term of 2 years to commence on 5 April 2019. (b) For count 2, the offender is sentenced to a sentence of imprisonment consisting of a non-parole period of 3 years commencing from 5 April 2017 and expiring on 4 April 2020 with a balance of term of 3 years to commence on 5 April 2020. Catchwords: CRIMINAL LAW – appeal against sentence – attempting to procure fictitious child under 14 for unlawful sexual activity – travel with intention of meeting child under 14 whom applicant groomed for sexual purposes with intentions of procuring unlawful sexual activity with child and another person – Crimes Act 1900 (NSW) s 66EB – whether error in level of accumulation – whether total sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) ss 66EB, 344A Crimes Amendment (Sexual Offences) Act 2008 (NSW) Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) s 44(2) Criminal Appeal Act 1912 (NSW) s 5(1)(c) Criminal Code (Cth) s 474.26 Cases Cited: Cahyadi v R [2007] NSWCCA 1 DL v The Queen [2018] HCA 32; (2018) 92 ALJR 464 Greenyer v R [2016] NSWCCA 272 Kentwell v The Queen (2014) 252 CLR 601;[2014] HCA 37 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Rampley v R [2010] NSWCCA 293 Regina v XX [2009] NSWCCA 115 R v De Leeuw [2015] NSWCCA 183 Tector v Regina [2008] NSWCCA 151 ZA v R [2018] NSWCCA 116 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 7 November 2007 Category: Principal judgment Parties: Simon Milliner (Applicant) Regina (Respondent) Representation: Counsel: F Coyne (Applicant) K Ratcliffe (Respondent)