District Court New South Wales Medium Neutral Citation: Crossgrove (A Pseudonym) v R (No 2) [2019] NSWDC 451 Hearing dates: 31 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: I grant leave for the appeal against sentence in respect of the three convictions found against the offender to be withdrawn. I confirm the sentences imposed by the learned magistrate. Catchwords: CRIME – severity appeal – earlier conviction appeal dismissed – leave to withdraw severity appeal Category: Consequential orders (other than Costs) Parties: Paul Daniel Crossgrove (Appellant) Regina (Respondent) Representation: Solicitors: Johnston Vaughan Solicitors (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2017/236831 Publication restriction: NB: s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies any complainant or may lead to the identification of any complainant. As such pseudonyms have been used. Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 31 August 2018 Before: Magistrate D Covington File Number(s): 2017/236831 Judgment 1. The offender seeks leave to withdraw a severity appeal. 2. It would seem that a severity appeal is commonly warranted whenever multiple offences are the subject of a conviction appeal, since success on one conviction appeal may affect the sentence imposed for the other offences. Accordingly, a sentence appeal was warranted here where there were appeals against three convictions. Because of this circumstance, and because the Crown does not seek to be heard on the grant of leave, I am inclined to grant leave. 3. I grant leave for the appeal against sentence in respect of the three convictions found against the offender to be withdrawn. 4. I confirm the sentences imposed by the learned magistrate. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 August 2019