R v JJ [2019] NSWCCA 148

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v JJ [2019] NSWCCA 148 Hearing dates: 12 June 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Before: Payne JA at [1]; Davies J at [55]; Button J at [56] Decision: (1) Appeal allowed; (2) The sentence imposed by Hoy SC DCJ on 7 December 2018 is quashed and in lieu thereof: (a) The offender is sentenced to an aggregate term of imprisonment of 8 years with an aggregate non-parole period of 5 years, each to date from 10 July 2017. (b) The offender will be first eligible for parole on 9 July 2022. Catchwords: CRIME – appeals – appeal against sentence – manifest inadequacy – whether sentence was open to sentencing judge – where legislature has set significant maximum penalty – where Crown accepts finding of special circumstances correctly made Legislation Cited: Crimes Act 1900 (NSW), s 66A Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Carroll v The Queen [2009] HCA 13; 83 ALJR 579 CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9 EG v R [2015] NSWCCA 21 House v The King (1936) 55 CLR 499; [1936] HCA 50 Mulato v The Queen [2006] NSWCCA 282 R v JW (2010) 77 NSWLR 7; [2010] NSWCCA 49 Category: Principal judgment Parties: Deputy Director of Public Prosecutions (NSW) (Appellant) JJ (Respondent) Representation: Counsel: P McGrath SC (Appellant) S Odgers SC (Respondent)