AM v R [2020] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AM v R [2020] NSWCCA 101 Hearing dates: 6 May 2020 Date of orders: 21 May 2020 Decision date: 21 May 2020 Before: R A Hulme J at [1] Fagan J at [2] Hidden AJ at [3] Decision: 1. Extend the time for filing this application to 11 December 2019. 2. Leave to appeal granted. 3. Appeal allowed. 4. Sentence in the District Court quashed. 5. Applicant resentenced to an aggregate sentence of 6 years and 6 months, commencing on 6 October 2017 and expiring on 5 April 2024, with a non-parole period of 4 years, expiring on 5 October 2021. 6. The applicant will be eligible for release on parole on 6 October 2021. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – sexual offences committed by the applicant upon his 10 year old half-sister – aggregate sentence – finding of special circumstances but a minimal departure from statutory proportion – no explanation – error found – applicant resentenced Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1990 Cases Cited: CM v R [2013] NSWCCA 341 Jonson v R [2016] NSWCCA 286, (2016) 263 A Crim R 268 MD v R [2015] NSWCCA 37 R v AA [2017] NSWCCA 84 R v Ellis (1986) 6 NSWLR 603 Sefian v R [2018] NSWCCA 194 Category: Principal judgment Parties: AM (Applicant) Regina (Crown) Representation: Counsel: K Averre (Applicant) C Curtis (Crown)