Sims v R [2019] NSWCCA 232

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sims v R [2019] NSWCCA 232 Hearing dates: 3 June 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Before: Basten JA at [1]; Hamill J at [2]; Lonergan J at [3] Decision: (1) Grant the applicant leave to appeal against the sentence imposed on him in the District Court on 21 February 2018.

(2) Dismiss the appeal. Catchwords: CRIME – sentence appeal – maliciously inflict grievous bodily harm – attempted sexual intercourse without consent in circumstances of aggravation – convictions in 2015 for offences committed in 1996 –failure to accept evidence of rehabilitation – failure to accept evidence of mental illness – manifest excess Legislation Cited: Crimes Act 1900 (NSW), ss 33, 61J, 61P Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 23 Cases Cited: Aoun v R [2011] NSWCCA 284 Clarke v R (2015) 254 A Crim R 150; [2015] NSWCCA 232 Peters v R [2013] NSWCCA 324 R v Moon (2000) 117 A Crim R 497; [2000] NSWCCA 534 Category: Principal judgment Parties: John Clayton Sims (Applicant) Regina (Crown) Representation: Counsel: A Evers (Applicant) J Roy (Crown)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2016/149828 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 21 February 2018 Before: Bennett SC DCJ File Number(s): 2016/149828