R v AA

Case [2017] NSWCCA 84


Court of Criminal Appeal


Supreme Court


New South Wales

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Medium Neutral Citation: R v AA [2017] NSWCCA 84
Hearing dates: 3 April 2017
Date of orders: 02 May 2017
Decision date: 02 May 2017
Before: Leeming JA at [1]
R A Hulme J at [2]
Beech-Jones J at [3]
Decision:

Appeal dismissed

Catchwords: CRIMINAL APPEAL – Crown appeal – sexual assaults upon children – five offences – offender under 18 when some offences committed – offences discovered and prosecuted when offender an adult – whether sentencing judge erred in affording Ellis discount – necessity to comply with s 23(2) of Crimes (Sentencing Procedure) Act – error made out – whether sentencing judge erred in assessing objective seriousness of offences – error established in relation to one offence – whether sentencing judge erred in referring to sentencing regime apposite to juveniles if offences discovered earlier – no error in doing so but sentencing judge misstated effect of sentencing provisions for children – whether sentencing judge double counted for offender’s youth – no error established – whether sentencing judge erred in approach to accumulation – no error established – whether individual sentences manifestly inadequate – not established – appeal dismissed
Legislation Cited: Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment Act 2010
Crimes Act 1900
Criminal Appeal Act 1912
Crimes (Appeal and Review) Act 2001
Cases Cited: AAT v R [2011] NSWCCA 17
Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Avery v R [2015] NSWCCA 50
Bell v R; Jelisavac v R [2009] NSWCCA 206
CMB v Attorney General for the State of NSW [2015] HCA 9; 256 CLR 346
Cowling v R [2015] NSWCCA 213
Dinsdale v The Queen [2000] HCA 54; 202 CR 321
Elturk v R [2014] NSWCCA 61
House v The King [1936] HCA 40; 55 CLR 499
JH v R [2017] NSWCCA 22
Jones v R [2012] NSWCCA 262
Jonson v R [2016] NSWCCA 286
KT v R [2008] NSWCCA 51
McLaren v R [2012] NSWCCA 284
Mulato v R [2006] NSWCCA 282
Muldrock v R [2011] HCA 39; 244 CLR 120
Panetta v R [2016] NSWCCA 85
Pearce v The Queen [1998] HCA 57; 194 CLR 610
R v CJP [2004] NSWCCA 188
R v Daley [2010] NSWCCA 223
R v DH; R v AH [2014] NSWCCA 326
R v Ellis (1986) 6 NSWLR 603
R v Fidow [2004] NSWCCA 172
R v Fisher (1989) 40 A Crim R 442
R v Hernando [2002] NSWCCA 489; 136 A Crim R 451
R v Janceski [2005] NSWCCA 288
R v JCW [2000] NSWCCA 209; 112 A Crim R 466
R v Jurisic (1998) 45 NSWLR 209
R v JW [2010] NSWCCA 49; 77 NSWLR 7
R v KBM [2004] NSWCCA 123
R v MJR [2002] NSWCCA 129; 54 NSWLR 368
R v Robert Borkowski [2009] NSWCCA 102; 195 A Crim R 1
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R v AA [2017] NSWCCA 84
Case
[2017] NSWCCA 84
Decision Date

CaseChat Overview and Summary

In this matter, the appellant, a person who had been found guilty of committing multiple sexual offences against children, sought to appeal the sentences imposed by the trial judge. The appellant was convicted of five separate sexual offences against children, some of which were committed when the offender was under the age of 18. The offences came to light and were prosecuted when the offender was an adult. The appellant challenged the sentences on several grounds, including whether the trial judge erred in affording a discount for the appellant's age, whether the trial judge erred in assessing the objective seriousness of the offences, and whether the trial judge erred in referring to the sentencing regime applicable to juveniles.

The court examined each of the grounds of appeal in turn. In relation to the first ground, the court found that the trial judge had erred in affording a discount for the appellant's age, as the trial judge had failed to comply with the relevant statutory provisions. The court also found that the trial judge had erred in assessing the objective seriousness of one of the offences. However, the court found no error in the trial judge's reference to the sentencing regime applicable to juveniles, although the trial judge had misstated the effect of the relevant provisions. The court found no error in the trial judge's approach to accumulation, and found that the individual sentences were not manifestly inadequate.

The appeal was ultimately dismissed. The court found that, while some errors had been made in the sentencing process, they did not warrant a reduction in the sentences imposed. The appellant's conviction and sentences were therefore upheld.

Orders

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Background

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Evidence

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Decision

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