Hordern v R [2019] NSWCCA 210

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hordern v R [2019] NSWCCA 210 Hearing dates: 28 August 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Before: Gleeson JA at [1] Johnson J at [2] Fagan J at [53] Decision: 1. Grant leave to appeal against sentence. 2. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – multiple sexual offences committed against Applicant's niece – sole ground of appeal that aggregate sentence was manifestly excessive – Applicant suffers from rare genetic disorder – reliance on bare statistics without analysis unhelpful – aggregate sentence not unreasonable or plainly unjust – appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Hayek v R [2016] NSWCCA 126 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Obeid (No. 12) [2016] NSWSC 1815 Radi v R [2013] NSWCCA 278 Skocic v R [2014] NSWCCA 225 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Why v R [2017] NSWCCA 101 Texts Cited: --- Category: Principal judgment Parties: Bruce Hordern (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: Mr P Little (Applicant) Mr D Patch (Respondent)

Solicitors: Peter Murphy Criminal Law (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/177606 Publication restriction: --- Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: --- Citation: --- Date of Decision: 15 March 2018 Before: His Honour Judge Sutherland SC File Number(s): 2015/177606