JE v R [2019] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JE v R [2019] NSWCCA 225 Hearing dates: 26 August 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Before: Hoeben CJ at CL at [1]; Brereton JA at [58]; Fullerton J at [59] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The aggregate sentence imposed on JE by his Honour Judge Bennett SC on 24 January 2019 is quashed. (4) In lieu thereof, JE is sentenced to an aggregate sentence of 3 years to commence 7 August 2018 and expire 6 August 2021 with a non-parole period of 1 year and 6 months to expire on 6 February 2020. Catchwords: CRIMINAL LAW – sentence appeal – two offences of aggravated sexual assault in company, one count of aggravated indecent assault, one count of produce child abuse material – sexual assault by two school boys on female fellow student – whether unjustified disparity in sentences imposed – moral culpability of one offender greater than other – unexplained inconsistency in indicated sentences – disparity established – need to re-sentence. Legislation Cited: Crimes Act 1900 (NSW) – ss 61J(1), 61M(2), 91H(2) Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Cases Cited: KR v R [2012] NSWCCA 32 Category: Principal judgment Parties: JE – Applicant Regina – Respondent Crown Representation: Counsel: S Fraser – Applicant K Jeffreys – Respondent Crown

Solicitors: Legal Aid NSW – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2017/229917 Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) there is to be no publication of the names that identify or are likely to lead to the identification of the applicant, the co-offender or the complainant. Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 24 January 2019 Before: Bennett SC DCJ File Number(s): 2017/229917