Carroll v R [2019] NSWCCA 243

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carroll v R [2019] NSWCCA 243 Hearing dates: 29 July 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Before: Macfarlan JA at [1] Johnson J at [2] Wright J at [82] Decision: 1. Grant leave to appeal against sentence. 2. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – leave to appeal against sentence – two offences of sexual assault against stepdaughter – whether sentencing Judge erred by double counting statutory aggravating features when considering objective seriousness of one offence – no error demonstrated in approach taken by sentencing Judge – complaint of manifest excess – no useful range established by reference to previous cases – sentence was substantial but not unreasonable or plainly unjust – appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 Alarcon v R [2018] NSWCCA 298 Beavis v R [2018] NSWCCA 248 MD v R [2015] NSWCCA 37 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v CTG [2017] NSWCCA 163 R v Gavel (2014) 239 A Crim R 469; [2014] NSWCCA 56 R v Hookey [2018] NSWCCA 147 R v Knight [2015] NSWCCA 222 R v KNL (2015) 154 A Crim R 268; [2005] NSWCCA 260 R v Scavera [2016] NSWCCA 145 R v XX (2017) 266 A Crim R 132; [2017] NSWCCA 90 RL v R [2018] NSWCCA 274 SS v R [2016] NSWCCA 197 XZ v R [2018] NSWCCA 76 Texts Cited: --- Category: Principal judgment Parties: Patrick Carroll (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: Mr P Gow (Applicant) Mr D Patch (Respondent)