GL v R

Case [2022] NSWCCA 202


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: GL v R [2022] NSWCCA 202
Hearing dates: 13 April 2022
Date of orders: 19 September 2022
Decision date: 19 September 2022
Before: Brereton JA at [1];
Garling J at [3];
Hamill J at [9]
Decision:

(1) Extend time in which to seek leave to appeal.

(2) Grant leave to appeal against the sentence.

(3) Appeal dismissed.

Catchwords:

CRIMINAL LAW – sentence appeal – multiple grounds of appeal raised – little merit – extremely serious offences on young child – use of knife for mutual cutting – discount for plea of guilty where no evidence led to explain delay in entry of plea – aggravating circumstances – whether judge erred in taking into account impact on child victim – totality principle – offending over four year period – significant evidence of grooming and uncharged offences – whether judge erred in not finding offences to be spontaneous or opportunistic – relevance of course of offending – no error

CRIMINAL LAW – sentencing – standard non-parole period – where legislation amended on multiple occasions – whether Judge led into error as to applicable standard non-parole period – matter raised in course of appeal hearing – whether leave should be granted to rely on ground – error established – leave granted – no lesser sentence warranted – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 61KD, 61M(2), 61O

Crimes Act 1914 (Cth), ss 50BA(1), 50BC(1)(a), 50BC(1)(c)

Crimes (Amendment) Act 1989 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 19, 21A(2)(g), 25AA, 44, 53A, Pt 4 Div 1A, Sch 2 cl 57, Sch 2 cl 91

Crimes (Sentencing Procedure) Amendment Act 2007 (NSW), Sch 1 cll [10], [16]

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 (NSW)

Criminal Appeal Act1912 (NSW), s 6(3)

Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW), Sch 1 cl [7], Sch 3 cll [6], [10]

Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW)

Supreme Court Criminal Appeal Rules 2021 (NSW), r 3.5(5)

Cases Cited:

Abousleiman v R [2021] NSWCCA 110

Aubrey v The Queen (2017) 260 CLR 305; [2017] HCA 18

Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55

Cahyadi v Regina [2007] NSWCCA 1; (2007) 168 A Crim R 41

Davis v R [2015] NSWCCA 90

Doolan v R [2006] NSWCCA 29; (2006) 160 A Crim R 54

Edwards v R [2009] NSWCCA 199

Elsaj v R [2017] NSWCCA 124

Glare v R [2015] NSWCCA 194

Goodwin v Phillips (1908) 7 CLR 1; [1908] HCA 55

Grajewski v Director of Public Prosecutions (NSW) [2017] NSWCCA 251; (2017) 270 A Crim R 33

Greenyer v R [2016] NSWCCA 272

GSH v R; R v GSH [2009] NSWCCA 214

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Lee v R [2020] NSWCCA 244

LN v R [2020] NSWCCA 131

Martin v R [2014] NSWCCA 124

Moon v R [2000]…

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AGLC
GL v R [2022] NSWCCA 202
Case
[2022] NSWCCA 202
Decision Date

CaseChat Overview and Summary

The appellant, GL, was convicted of serious criminal offences against a young child and appealed against the sentence imposed by the trial judge. The appeal raised several grounds, including the trial judge's consideration of the impact on the child victim and the appropriateness of the standard non-parole period. The High Court of Australia reviewed the appeal to determine whether there was any error in the trial judge's approach to sentencing and whether the sentence should be altered.

The primary legal issues before the Court were whether the trial judge erred in considering the impact on the child victim and whether the judge misapplied the standard non-parole period due to legislative amendments. The Court assessed the merit of the grounds of appeal, including the appropriateness of the sentence given the severity and duration of the offending. The Court also considered whether the totality principle, which requires the overall sentence to reflect the totality of the offending, was properly applied.

The Court found that the trial judge did not err in considering the impact on the child victim, as it was relevant to understanding the gravity of the offending. The Court further determined that there was no error in the calculation of the standard non-parole period despite legislative amendments. The Court concluded that the appeal had little merit and upheld the original sentence. The totality principle was correctly applied, and the sentence reflected the seriousness of the offences. The appeal was dismissed, and no lesser sentence was warranted.

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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