O’Sullivan v R [2019] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Sullivan v R [2019] NSWCCA 261 Hearing dates: 23 October 2019 Decision date: 01 November 2019 Before: Hoeben CJ at CL at [1]; Walton J at [54]; Price J at [55] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – sentence appeal – 14 counts of indecently assaulting a male person contrary to s 81 of the Crimes Act 1900 (NSW) (since repealed) – offending took place over a period of 11 years while applicant was a teacher – at time of sentence applicant serving a sentence of imprisonment for similar offences committed against different complainants – aggregate sentence of 8 years and 6 months with a non-parole period of 6 years – there was a single ground of appeal alleging manifest excess – sentencing principles comprehensively covered by sentencing judge – disputed issues involved matters of discretion – manifest excess not established – leave to appeal granted but appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – ss 61M(2), 81 Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 19, 21, 21A, 25 Criminal Appeal Act 1912 (NSW) – s 5(1)(c) Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 – s 25AA Parole of Prisoners Act 1966 (NSW) (repealed) Cases Cited: AB v The Queen [1999] HCA 46; 198 CLR 111 Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58 Burgess v R [2019] NSWCCA 13 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 EG v R [2015] NSWCCA 21 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mill v The Queen [1988] HCA 70; 166 CLR 59 Nguyen v The Queen [2016] HCA 17; 256 CLR 656 R v MJB [2014] NSWCCA 195 R v Todd [1982] 2 NSWLR 517 R v Tuala [2015] NSWCCA 8 R v Van Ryn [2016] NSWCCA 1 Category: Principal judgment Parties: Darcy John O'Sullivan – Applicant Regina – Respondent Crown Representation: Counsel: M Johnston SC – Applicant B Baker – Respondent Crown