KW v R (No 2)

KW was the appellant in an appeal against sentencing in a matter involving serious sexual offences. The appeal was heard by the New South Wales Court of Criminal Appeal. The respondent was the Crown, represented by the Director of Public Prosecutions. The appellant was appealing his sentence, arguing that it was excessive and that there had been an error in the re-sentencing process.

The central issue before the court was whether the sentence imposed on the appellant adequately reflected the findings of special circumstances in relation to the crimes committed. The appellant contended that the aggregate sentence imposed did not give proper effect to these findings. The Crown, on the other hand, argued that the sentence was appropriate and that no error had been made in the re-sentencing process.

The court found that an error had indeed been made in the re-sentencing process, in that the aggregate sentence imposed did not properly reflect the findings of special circumstances. The court held that the sentence needed to be varied to give effect to these findings. Consequently, the Crown's application for variation of the orders under the Criminal Appeal Rules was successful. The orders made on 19 February 2013 were varied, and the appellant was re-sentenced by the court.

The court's final orders included the variation of the orders made on 19 February 2013 and the re-sentencing of the appellant, KW, to ensure that the aggregate sentence properly reflected the findings of special circumstances in relation to the crimes committed.