Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: AB v R [2020] NSWCCA 170 Hearing dates: 10 July 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Before: Hoeben CJ at CL at [1]
Adamson J at [2]
Bellew J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW – Sentence – Appeal – Where applicant pleaded guilty to four counts of aggravated indecent assault of a person under 16 and one count of inciting a person under 16 to commit an act of indecency – Grounds of appeal drafted by self-represented applicant – Whether sentencing judge erred in assessing special circumstances – Whether sentencing judge intended a modest reduction in the non-parole period – Whether sentencing judge erred in assessing the applicant’s prospects of rehabilitation – Whether sentence was manifestly excessive – No error established – Leave to appeal granted – Appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Cases Cited: Gumbleton v R [2017] NSWCCA 314
R v Goodwin (1990) 51 A Crim R 328
Category: Principal judgment Parties: AB – Applicant
Regina – RespondentRepresentation: Counsel:
Solicitors:
Applicant – Self-represented
M Kumar – Crown
C Hyland Solicitor for Public Prosecutions - Crown
File Number(s): 2018/158916 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 May 2019
- Before:
- Her Honour Judge Herbert
Judgment
-
HOEBEN CJ at CL: I agree with Bellew J and the orders which he proposes.
-
ADAMSON J: I agree with Bellew J.
-
BELLEW J:
INTRODUCTION
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On 11 April 2019, AB (the applicant) appeared before her Honour Judge Herbert in the District Court of NSW and pleaded guilty to the following offences:
Between 1 January 1996 and 30 December 1996, at Lismore Heights in the State of New South Wales, did assault (LC) and at the time of the assault committed an act of indecency on (LC), in circumstances of aggravation, namely, that at the time of the offence (LC) was aged under the age of 16 years, being in fact aged 11 or 12 years (Count 1).
Between 1 June 1997 and 1 June 1998, at Telopea in the State of New South Wales, did assault (LC) and at the time of the assault committed an act of indecency on (LC), in circumstances of aggravation, namely, that at the time of the offence (LC) was aged under the age of 16 years, being in fact aged 13 or 14 years (Count 2).
Between 1 June 1997 and 1 June 1998, at Telopea in the State of New South Wales, did assault (LC) and at the time of the assault committed an act of indecency on (LC),…
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- AGLC
- AB v The Queen [2020] NSWCCA 170
- Case
- [2020] NSWCCA 170
- Decision Date
CaseChat Overview and Summary
The court examined the grounds of appeal and the submissions made by the applicant. It found that the sentencing judge had carefully considered the special circumstances of the case and the factors relevant to sentencing, including the nature and circumstances of the offences, the applicant's criminal history, and the impact of the offences on the victim. The court concluded that there was no error in the sentencing judge's assessment of the special circumstances or the non-parole period. The court also found that the sentencing judge had appropriately assessed the applicant's prospects of rehabilitation, taking into account the applicant's age, background, and potential for rehabilitation. The court was satisfied that the sentence imposed was not manifestly excessive, and that the sentencing judge had exercised his or her discretion in a manner consistent with the relevant principles and authorities.
The court granted the applicant leave to appeal but ultimately dismissed the appeal, finding that no error had been established. The court acknowledged the seriousness of the offences committed by the applicant and the impact they had on the victim, and emphasised the importance of the sentencing judge's role in imposing an appropriate sentence that reflects the gravity of the offences and the principles of justice. The court's decision confirms the importance of a careful and principled approach to sentencing in cases involving serious sexual offences against children.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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