Hillman v R

The appellant, Mr Hillman, appealed against his sentence for persistent sexual abuse of a child. The case was heard by the New South Wales Court of Criminal Appeal. Mr Hillman was found guilty of multiple offences under section 66EA of the Crimes Act 1900 (NSW), which pertains to persistent sexual abuse of a child. The primary legal issue before the court was whether the sentencing judge had appropriately considered the fact that some of the offences occurred in New Zealand, where the maximum penalties are lower. Additionally, the court examined if adequate allowance was made for the appellant's prospects of rehabilitation and whether there was an error in applying the plea of guilty discount to the aggregate sentence.

The court found that the sentencing judge did not sufficiently take into account the different legal contexts of the offences. The judge also did not properly consider the appellant's prospects for rehabilitation. Furthermore, the court determined that the plea of guilty discount was misapplied, resulting in an overall underestimation of the appropriate sentence. Consequently, the court concluded that these errors warranted a re-sentencing hearing. The appeal was allowed, and the case was remitted to a different judge for re-sentencing.

The court did not make any final orders in the judgment but directed that the case be returned to a different sentencing judge for a re-assessment of the appropriate sentence, taking into account all relevant factors, including the nature and context of the offences and the prospects of rehabilitation.