SW v R [2019] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SW v R [2019] NSWCCA 194 Hearing dates: 19 July 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Before: Bathurst CJ at [1] Bell P at [2] Davies J at [3] Decision: (1) Extend time for leave to appeal to 25 March 2019. (2) Grant leave to appeal. (3) Dismiss the appeal. Catchwords: CRIME - appeals - appeal against sentence – whether sentence manifestly excessive - applicant pleaded guilty to a number of sexual offences - three further offences taken into account on a Form 1 - offending occurred when the applicant was 15 and 16 years of age - complainant was the applicant's stepbrother aged 10 and 11 years at the time - approximately 16 year delay in prosecuting the offences - whether the sentencing judge gave sufficient weight to the offender's youth and the delay - where the offending was significant - where the offences charged were representative offences - where the offending involved threats and a degree of coercion - consideration of how the offender would have been sentenced but for the delay - sentence not unreasonable or plainly unjust - appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 61J, 61M, 61L Crimes (Sentencing Procedure) Act 1999 (NSW) s 25AA Cases Cited: Hughes v R [2018] NSWCCA 2 R v Todd [1982] 2 NSWLR 517 RL v R [2015] NSWCCA 106 Texts Cited: Nil Category: Principal judgment Parties: SW (Applicant) Crown (Respondent) Representation: Counsel: A Singh (Applicant) B Baker (Respondent)