Taylor v R [2020] NSWCCA 46

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v R [2020] NSWCCA 46 Hearing dates: 17 February 2020 Date of orders: 25 March 2020 Decision date: 25 March 2020 Before: Johnson J at [1] Price J at [2] Davies J at [3] Decision: 1. Grant leave to appeal 2. Appeal dismissed Catchwords: CRIME — appeals — appeal against sentence – sexual offences by grandfather against two granddaughters –whether sentencing judge took into account applicant's medical condition - whether sentencing judge provided adequate reasons – whether sentence was manifestly excessive - aggravating factors – abuse of position of trust or authority in relation to victim - where being "under authority" was an element of some but not all of offences - vulnerability of victim - where aggravating factors may have been double counted – no lesser sentence warranted Legislation Cited: Crimes Act 1900 (NSW) s 578A Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A Cases Cited: Chamseddine v R [2017] NSWCCA 176 DH v R [2019] NSWCCA 128 EG v R [2015] NSWCCA 21 Hudson v R [2016] NSWCCA 278 MRW v R [2011] NSWCCA 260 Porter v R [2019] NSWCCA 117 R v Hamieh [2010] NSWCCA 189 R v Mills [2005] NSWCCA 175; (2005) 154 A Crim R 40 R v Miranda [2002] NSWCCA 89; (2002) 128 A Crim R 362 R v Obeid (No 12) [2016] NSWSC 1815 R v Scavera [2016] NSWCCA 145 R v Van Ryn [2016] NSWCCA 1 RL v R [2018] NSWCCA 274 RO v R [2019] NSWCCA 183 Sivell V R [2019] NSWCCA 77 Taylor v R [2018] NSWCCA 2555 Texts Cited: Nil Category: Principal judgment Parties: Robert Taylor (a pseudonym) (Applicant) Crown (Respondent) Representation: Counsel: P Lange (Applicant) E Wilkins SC (Respondent)