Hordern v R

Case [2019] NSWCCA 210


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Hordern v R [2019] NSWCCA 210
Hearing dates: 28 August 2019
Date of orders: 06 September 2019
Decision date: 06 September 2019
Before: Gleeson JA at [1]
Johnson J at [2]
Fagan J at [53]
Decision:

1. Grant leave to appeal against sentence.
2. Appeal against sentence dismissed.

Catchwords: CRIMINAL LAW – appeal against sentence – multiple sexual offences committed against Applicant’s niece – sole ground of appeal that aggregate sentence was manifestly excessive – Applicant suffers from rare genetic disorder – reliance on bare statistics without analysis unhelpful – aggregate sentence not unreasonable or plainly unjust – appeal dismissed
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Hayek v R [2016] NSWCCA 126
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Obeid (No. 12) [2016] NSWSC 1815
Radi v R [2013] NSWCCA 278
Skocic v R [2014] NSWCCA 225
The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39
Why v R [2017] NSWCCA 101
Texts Cited: ---
Category:Principal judgment
Parties: Bruce Hordern (a pseudonym) (Applicant)
Regina (Respondent)
Representation:

Counsel:
Mr P Little (Applicant)
Mr D Patch (Respondent)

  Solicitors:
Peter Murphy Criminal Law (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/177606
Publication restriction: ---
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
---
Citation:
---
Date of Decision:
15 March 2018
Before:
His Honour Judge Sutherland SC
File Number(s):
2015/177606

Judgment

  1. GLEESON JA: I agree with Johnson J.

  2. JOHNSON J: The Applicant, Bruce Hordern, seeks leave to appeal against an aggregate sentence of imprisonment imposed at the Parramatta District Court on 15 March 2018 for a number of sexual offences committed against the Applicant’s niece. A pseudonym is used to describe the Applicant as publication of his name would tend to identify the victim who is entitled to protection against identification under s.578A Crimes Act 1900.

The Offences, Aggregate Sentence and Indicative Sentences

  1. The Applicant was sentenced after trial having been found guilty by a jury of eight offences. His Honour Judge Sutherland SC imposed an aggregate sentence of imprisonment for 11 years comprising a non-parole period of seven years commencing on 16 January 2017 and expiring on 15 January 2024, with a balance of term of four years commencing on 16 January 2024 and expiring on 15 January 2028.

  2. The offences, maximum penalties and indicative sentences are set out in the following table. All offences took place between 1 January 2014 and 12 March 2014, when the victim was aged 14 or 15 years and the Applicant was 31 years old.

Offence

Maximum Penalty

Indicative Sentence

Count 4 - Sexual intercourse with person aged between 14 years and 16 years contrary to s.66C(3) Crimes Act 1900 (penile/vaginal intercourse)

10 years’ imprisonment

Four years’ imprisonment

Count 5 - Sexual intercourse with person aged between 14 years and 16 years contrary to s.66C(3) Crimes Act

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AGLC
Hordern v R [2019] NSWCCA 210
Case
[2019] NSWCCA 210
Decision Date

CaseChat Overview and Summary

The case of Hordern versus the Crown involved a defendant who had been convicted of a series of sexual offences committed against his niece. The matter was before the court on appeal against the sentence imposed. The applicant argued that the aggregate sentence was manifestly excessive, primarily on the basis that he suffered from a rare genetic disorder. The High Court of Australia was tasked with reviewing the sentence and determining whether it was unreasonable or plainly unjust.

The legal issues before the court included the appropriate methodology for assessing the severity of a sentence and whether the trial judge had adequately considered the applicant’s medical condition in determining the appropriate penalty. The court had to weigh the severity of the crimes against the applicant’s personal circumstances, including his medical condition, to determine if the sentence imposed was just and appropriate.

In dismissing the appeal, the court found that the trial judge had considered the applicant’s medical condition in sentencing but had also appropriately balanced this against the seriousness of the offences. The court held that the reliance on statistics alone, without a detailed analysis of their relevance to the specific case, was unhelpful. The aggregate sentence, when considered in its entirety, was not found to be unreasonable or plainly unjust. The appeal was thus dismissed.

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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