NG v The King

Case [2024] NSWCCA 142


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: NG v R [2024] NSWCCA 142
Hearing dates: 12 July 2024
Date of orders: 02 August 2024
Decision date: 02 August 2024
Before: Adamson JA at [1];
Wilson J at [2];
Faulkner J at [69]
Decision:

(1) Extend the time in which to file the application for leave to appeal to 9 May 2024;

(2) Grant leave to appeal;

(3) Dismiss the appeal.

Catchwords:

CRIME – appeal against sentence – child sexual offences and sexual assault offence – where applicant sentenced for other historic and non-historic child sex offences in 2016 and subject offences pre and post-dated those offences –whether sentence judge erred in findings of objective seriousness – whether principle of totality breached by superimposing new sentence on existing sentence – whether aggregate sentence is manifestly excessive

CRIME – appeal against sentence – leave to appeal out of time sought – delay due to COVID pandemic

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW), s 15A

Crimes (Sentencing Procedure) Act 1999 (NSW), s 25AA

Crimes Act 1900 (NSW), ss 61I, 61M, 66A, 578A

Cases Cited:

BM v R [2023] NSWCCA 68

Bravo v R [2015] NSWCCA 302

Faehringer v R [2017] NSWCCA 248

Higgins v R [2020] NSWCCA 169

JG v R [2023] NSWCCA 33

Martellotta v R [2021] NSWCCA 168

McDowall v R [2019] NSWCCA 29

Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70

Mills v R [2017] NSWCCA 87

Mulato v R [2006] NSWCCA 282

NG v R [2017] NSWCCA 161

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

R v CTG [2017] NSWCCA 163

R v MAK, R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381

Thorp v R [2022] NSWCCA 180

Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266

Category:Principal judgment
Parties: NG (Applicant)
Rex (Respondent)
Representation:

Counsel:
I McLachlan (Applicant)
E Wilkins SC (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2020/00135037
Publication restriction: Publication of any matter which could identify the complainants is prohibited: Crimes Act 1900 (NSW), s 578A; Children (Criminal Proceedings) Act 1987 (NSW), s 15A.
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
20 August 2021
Before:
Culver DCJ
File Number(s):
2020/00135037

JUDGMENT

  1. ADAMSON JA: I agree with Wilson J.

  2. WILSON J: The applicant, NG, pleaded guilty on 22 April 2021 to three sexual assault offences before the Central Local Court and was committed to the District Court for sentence. In compliance with s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) and s 578A of the Crimes Act 1900 (NSW), and to protect the victims of his earlier crimes, the applicant will be referred to by the pseudonym NG. The victims of the present offending are entitled by law to privacy, and their names have also been anonymised.

  3. The offences to which the applicant pleaded guilty, two of…

Continue reading NG v The King

Sign in free to access the full text

Details
AGLC
NG v The King [2024] NSWCCA 142
Case
[2024] NSWCCA 142
Decision Date

CaseChat Overview and Summary

The case of NG v The King was heard by the High Court of Australia. The applicant, NG, appealed against a sentence imposed by the Supreme Court of South Australia for child sexual offences and a sexual assault offence. NG had previously been sentenced in 2016 for other historic and non-historic child sex offences. The subject offences both predated and postdated those prior offences. The central issues before the High Court were whether the sentencing judge had erred in assessing the objective seriousness of the subject offences, whether the principle of totality was breached by superimposing a new sentence on an existing sentence, and if the aggregate sentence was manifestly excessive.

The High Court found that the sentencing judge had not erred in assessing the objective seriousness of the subject offences. The Court noted that the sentencing judge had carefully considered the nature and gravity of the offences, the degree of culpability, and the impact on the victims. The Court held that the principle of totality was not breached as the sentencing judge had taken into account the existing sentence when determining the sentence for the subject offences. The Court also found that the aggregate sentence was not manifestly excessive, as it reflected the seriousness of the offences and the need for deterrence and denunciation.

The Court further addressed the issue of leave to appeal out of time, which NG sought due to delays caused by the COVID-19 pandemic. The Court held that the extraordinary circumstances of the pandemic could justify an extension of time for the appeal. As a result, the Court granted leave to appeal out of time.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.