Lissock v R [2019] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lissock v R [2019] NSWCCA 282 Hearing dates: 12 June 2019 Decision date: 29 November 2019 Before: Payne JA at [1] Davies J at [2] Button J at [16] Decision: (1) Leave to appeal against sentence granted. (2) Appeal against sentence upheld. (3) The aggregate sentence imposed by Bright DCJ on 11 December 2017 is quashed. (4) In substitution, the applicant is sentenced to an aggregate head sentence of imprisonment for 14 years, with a non-parole period of 9 years 4 months, each to commence on 8 September 2017. (5) The first date upon which the applicant appears to be eligible for release to parole pursuant to that sentence is 7 January 2027. Catchwords: CRIME — Appeals — Appeal against sentence — Child sex offences — Applicant diagnosed with terminal illness after sentence imposed — Whether sentence manifestly excessive — Whether applicant to be re-sentenced based upon fresh evidence — Sentence not manifestly excessive — Fresh evidence admitted — Discussion of principles relevant to subsequent development of illness taken into account at time of sentence — Held by majority that applicant be re-sentenced — Lesser aggregate sentence imposed Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M and 66A Crimes (Administration of Sentences) Act 1999 (NSW), ss 160, 160AD, and 270 Crimes (Sentencing Procedure) Act 1999 (NSW), s 25AA Cases Cited: Anastasiou v R [2010] NSWCCA 100 Dinsdale v the Queen [2000] HCA 54; 202 CLR 321 Facer (a pseudonym) v R [2019] NSWCCA 180 Gibbons (a pseudonym) v R [2019] NSWCCA 150 GS v R [2016] NSWCCA 266 Iglesias v R [2006] NSWCCA 261 Merkel v R [2019] NSWCCA 212 RH v R [2019] NSWCCA 64 Russell v R [2018] NSWCCA 115 R v Jacobs [2001] NSWCCA 212 R v Jones (1993) 70 A Crim R 449 R v Vachalec [1981] 1 NSWLR 351 Category: Principal judgment Parties: Stanley Lissock (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: N Carroll (Applicant) K Jeffreys (Respondent)