R v Fisher

Case [2024] NSWCCA 191


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Fisher [2024] NSWCCA 191
Hearing dates: 7 August 2024
Date of orders: 25 October 2024
Decision date: 25 October 2024
Before: Price AJA at [1];
Garling J at [3];
Rigg J at [4].
Decision:

1. Allow the appeal;

2. Quash the sentence imposed on the respondent in the District Court on 26 April 2024, and in lieu thereof, sentence the respondent to a term of imprisonment of 15 years with a non-parole period of 11 years and 3 months, commencing on 20 April 2021. The date the respondent is first eligible for release to parole is 19 July 2032.

Catchwords:

CRIME ­­— Appeals — Crown appeal against sentence — Persistent sexual abuse of a child — Approach to assessment of objective seriousness — Manifest inadequacy — Appeal allowed — Respondent resentenced

Legislation Cited:

Child Protection (Offenders Regulation) Act 2000 (NSW)

Crimes Act 1900 (NSW), ss 61M, 66A, 66C, 66EA, 80AF, 91H

Criminal Appeal Act 1912 (NSW), s 5D

Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW)

Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018 (NSW)

Cases Cited:

ARS v R [2011] NSWCCA 266

Burr v R [2020] NSWCCA 282; 285 A Crim R 504

Cheung v R (2001) 209 CLR 1; [2001] HCA 67

DB v R [2024] NSWCCA 18

DC v R [2023] NSWCCA 82

Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54

GP (a pseudonym) v R [2021] NSWCCA 180

Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49

Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45

JG v R [2023] NSWCCA 33

Markarian v R (2005) 228 CLR 357; [2005] HCA 25

Massequoi v R [2024] NSWCCA 125

MK v R [2024] NSWCCA 127

MK v R; RB v R (2023) 112 NSWLR 96; [2023] NSWCCA 180

Nolan v R [2024] NSWCCA 140

R v D [1996] 1 Qd R 363; [1995] QCA 329 (reported sub nom R v Dales (1995) 80 A Crim R 50)

R v D (1997) 69 SASR 413; [1997] SASC 6350

R v De Simoni (1981) 147 CLR 383; [1981] HCA 31

R v Fitzgerald (2004) 59 NSWLR 493; [2004] NSWCCA 5

R v H (1980) 3 A Crim R 53

R v Isaacs (1997) 41 NSWLR 374

R v JCW [2000] NSWCCA 209; 112 A Crim R 466

R v Manners [2004] NSWCCA 181

R v Olbrich (1999) 199 CLR 270; [1999] HCA 54

R v Pearce [2020] NSWCCA 61

R v RB [2022] NSWCCA 142; 300 A Crim R 1

R v Reiner (1974) 8 SASR 102

R v Sharrouf [2023] NSWCCA 137

RA v R [2024] NSWCCA 149

Siganto v R (1998) 194 CLR 656; [1998] HCA 74

Towse v R [2022] NSWCCA 252

Walker v R [2023] NSWCCA 219

WP v R [2024] NSWCCA 77

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R v Fisher [2024] NSWCCA 191
Case
[2024] NSWCCA 191
Decision Date

CaseChat Overview and Summary

The appellant, Fisher, was convicted of multiple counts of persistent sexual abuse of a child and was sentenced to a term of imprisonment with parole eligibility. The Crown appealed the sentence, arguing it was manifestly inadequate. The High Court of Australia considered the appeal, examining the principles guiding the assessment of the objective seriousness of criminal conduct and the appropriateness of the sentence imposed.

The legal issues before the court involved determining whether the sentence was manifestly inadequate in light of the gravity of the crimes committed. The court had to consider the nature of the offences, the impact on the victim, and whether the sentence imposed reflected the objective seriousness of the crimes. The Crown argued that the sentence did not adequately reflect the severity of the offences, while Fisher maintained that the sentence was appropriate given the circumstances.

The court found that the sentence was manifestly inadequate. It emphasised the importance of considering the objective seriousness of the offences, particularly in cases involving persistent sexual abuse of a child. The court concluded that the sentence did not sufficiently reflect the gravity of the crimes and the need for general deterrence. The appeal was allowed, and Fisher was resentenced to a term of imprisonment with a later date for parole eligibility. The court's decision underscored the necessity for sentences to appropriately reflect the severity of serious crimes, particularly those involving vulnerable victims.

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

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Ratio Decidendi

Legal Principle Established

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