R v RB

Case [2020] NSWDC 328 2 July 2020

No judgment structure available for this case.

Type to search within this case.

District Court

New South Wales

Medium Neutral Citation: R v RB [2020] NSWDC 328
Hearing dates: 16 June 2020
Date of orders: 2 July 2020
Decision date: 02 July 2020
Jurisdiction: Criminal
Before: Lerve DCJ
Decision:
Sentenced to Community Correction Order for 30 months with 235 hours of community work.

Catchwords:
CRIME – sentencing – sexual intercourse with child under ten years – offender 14 and one week – digital penetration – delay – assistance

Legislation Cited:
Crimes (Sentencing Procedure) Act, 1999
Children (Criminal Proceedings) Act, 1987
Crimes Act 1900

Cases Cited:
R v AA [2017] NSWCCA 84
R v AD [2008] NSWCCA 289 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434
BM v R [2019] NSWCCA 223
BP v R [2010] NSWCCA 159
Bravo v R [2015] NSWCCA 302
Bugmy v The Queen [2013] HCA 37
Cattell v R [2019] NSWCCA 297
Chamseddine v R [2017] NSWCCA 176
Corliss v R [2020] NSWCCA 65
R v Donald [2013] NSWCCA 238
R v Hearne (2002) 124 A Crim R 451
Jolly v R [2013] NSWCCA 76
KT v R [2008] NSWCCA 51
LS v R [2020] NSWCCA 120
Locke v R (2010) 207 A Crim R 34; [2010] NSWCCA 296
MC v R [2017] NSWCCA 317
Mills v R [2017] NSWCCA 87
MLP v R (2006) 164 A Crim R 93
R v Muldoon unrep. NSWCCA 13.12.1990
R v PGM [2006] NSWCCA 310
Panetta v R [2016] NSWCCA 85
RJA v R [2008] NSWCCA 137; (2008) 185 A Crim R 137
SW v R [2019] NSWCCA 194
Scook v R (2008) 185 A Crim R 164
Thammavongsa v R [2015] NSWCCA 107
R v Thompson & Houlton (2000) 49 NSWLR 383
R v Todd [1982] 2 NSWLR 517
Tsokos v R unrep. NSWCCA 16.6.1995
R v Tuala [2015] NSWCCA 8
R v Van Ryn [2016] NSWCCA 1
Viridian v R [2014] NSWDC 265

Category: Sentence
Parties: Regina (The Crown)
“RB” (a pseudonym)
Representation:
Counsel:
Mr C Heazlewood (for the offender)
Solicitors:
Ms M McFarlane (for the Crown)
Ms J Carroll (for the offender)

File Number(s): 2019/360214
Publication restriction: The court reminds all concerned that the relevant legislation provides that there must be no publication of the name of the victim or anything that might tend to identify them.

REMARKS ON SENTENCE

The offender appeared at the Wagga Wagga Local Court on 1 April 2020 and pleaded guilty to one charge, namely:

“That (he) (on or about) 27 February 2010 at [a town] in the State of New South Wales did have sexual intercourse with MC, who was at that time under the age of ten years, (namely) of the age of 5 years”.

The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 4 June 2020 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. There is an additional matter which in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v RB

Details

AGLC: R v RB [2020] NSWDC 328
Case: [2020] NSWDC 328
Decision Date: 02 July 2020

CaseChat Overview and Summary

In the case of R v RB, the appellant faced charges relating to sexual intercourse with a child under the age of ten. The appellant, who was 14 years and one week old at the time of the offence, engaged in digital penetration of the child. The case was heard by the Supreme Court of Victoria. The central issue before the court was the appropriate sentence for a juvenile offender who had engaged in such a serious offence. The court had to consider the appellant's age, the nature of the offence, and the delay in reporting the incident. Additionally, the court needed to balance the principles of rehabilitation and deterrence in determining the sentence.

The court recognised that the appellant's age was a significant mitigating factor, given that he was a juvenile at the time of the offence. However, the court also emphasised the gravity of the crime, which involved a young victim and constituted a serious breach of trust. The delay in reporting the incident was considered, but it was noted that this did not mitigate the severity of the offence. The court further considered the assistance provided by the appellant in the investigation, which was deemed a positive factor in the sentencing process.

After weighing these factors, the court determined that a community-based sentence was appropriate. The court imposed a Community Correction Order for a period of 30 months, with a requirement for the appellant to complete 235 hours of community work. This decision reflected the court's intent to prioritise rehabilitation and reintegration into society while also ensuring public safety and deterrence. The sentence also took into account the appellant's age and the potential for reform. The court's decision balanced the need for accountability with the opportunity for the appellant to make amends and contribute positively to the community.

Orders

Orders of the court

Sentenced to Community Correction Order for 30 months with 235 hours of community work.

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.

Actions

Citations

R v RB [2020] NSWDC 328

Most Recent Citation

R v RB (No 3) [2022] NSWDC 580

Cases Citing This Decision

R v RB (No 3) [2022] NSWDC 580
Citation 1 (Para 4)

…I note that the offender was sentenced by me on 2 July 2020 to a Community Correction Order for 3 years for reasons which were published as R v RB [2020] NSWDC 328.…

See all citing cases →

Cases Cited

R v Todd [2024] NZHC 897
Citation 1 (Para 68)

…offender raises in his written submissions (MFI 2 on sentence) the issue of delay and raises the decision of the Court of Criminal Appeal in R v Todd (1982) 2 NSWLR 517 at 519. Latham J (Hidden and Adamson JJ agreeing) reviewed a number of authorities relating to the issue of delay in R v Donald [2013] NSWCCA 238 at…
LS v R [2020] NSWCCA 120
Citation 2 (Para 31)

…Since submissions were taken, the Court of Criminal Appeal has handed down the decision in LS v R [2020] NSWCCA 120. I had my Associate refer the parties to this decision. Rothman J (Simpson AJA & Bellew J agreeing, both with separate additional comments) said at [58]:…
Corliss v R [2020] NSWCCA 65
Citation 3 (Para 40)

…In his later submissions (MFI 3) Mr Heazlewood directs my attention to the decision of Corliss v R [2020] NSWCCA 65. Johnson J in that decision said at [85]-[87]:…
R v Cattell [2019] NSWCCA 297
Citation 4 (Para 46)

…ous long term effects on the victim speak eloquently of the harmful effects of such offending on young children referred to by Price J in Cattell v R [2019] NSWCCA 297 at [109]ff.…
BM v R [2019] NSWCCA 223
Citation 5 (Para 98)

…adult who offended when a juvenile is sentenced according to his age at sentence. I am fortified in this given what the court said at [18] in BM v R [2019] NSWCCA 223, which is extracted below in these remarks . I have set out the facts in some detail. I have noted the maximum penalty and the relevant standard non-…
SW v The Queen [2019] NSWCCA 194
Citation 6 (Para 37)

…In his written submissions (MFI 2 on sentence), Mr Heazlewood refers the court to the decision of the Court of Criminal Appeal in SW v R [2019] NSWCCA 194. Davies J (Bathurst CJ, Bell P agreeing) said at [34]-[38]:…
Paul Campbell v R [2018] NSWCCA 87
Citation 7

…in the Children (Criminal Proceedings) Act concerning the treatment of children under the criminal law: see s 6 of the Act and Paul Campbell v R [2018] NSWCCA 87, [25]-[29].”…
Yun v R [2017] NSWCCA 317
Citation 8 (Para 99)

…Accepting that MC v R [2017] NSWCCA 317 is authority for the proposition that judicial memory is not always reliable on the issue of past sentencing trends, it occurs to me that if the court was dealing with a fourteen year old offender when he was that age it is not inevitable given the findings as to objective ser…
Chamseddine v R [2017] NSWCCA 176
Citation 9 (Para 101)

…Walton J in giving the leading judgment (Hoeben CJ at CL, Hulme J agreeing) in Chamseddine v R [2017] NSWCCA 176 said at [50]:…
Mills v R [2017] NSWCCA 87
Citation 10 (Para 20)

…In Mills v R [2017] NSWCCA 87 , R A Hulme J (Leeming JA and Beech-Jones J agreeing), in addition to referring again to Grove J’s statement in Saddler , said:…
R v AA [2017] NSWCCA 84
Citation 11 (Para 21)

…On the issue of the sexual assaults being of limited duration there is the decision of R v AA [2017] NSWCCA 84, which was an unsuccessful Crown appeal. Beech-Jones J at [56] said:…
Panetta v R [2016] NSWCCA 85
Citation 12 (Para 80)

…If the offender is to be extended any discount for assistance in this regard it will need to be quantified. In Panetta v R [2016] NSWCCA 85 Adams J (Ward JA as her Honour then was, Bellew J agreeing, both with separate additional comments) said at [33]-[34]:…
R v Van Ryn [2016] NSWCCA 1
Citation 13 (Para 100)

…the Crown appeal in the matter of R v Muldoon unrep. NSWCCA 13.12.1990. More recently, see for example the leading judgment of Hulme J in R v Van Ryn [2016] NSWCCA 1 at 179 where his Honour said:…
Bravo v R [2015] NSWCCA 302
Citation 14 (Para 18)

…In Bravo v R [2015] NSWCCA 302 Hulme J (Beazley P, Johnson J agreeing) said at [42]:…
Filippou v The Queen [2015] HCA 29
Citation 15 (Para 66)

…tter of aggravation is not established beyond reasonable doubt it does not follow that a matter of mitigation is established ( Filippou v The Queen [2015] HCA 29; 256 CLR 47 at [66]-[69]). The fact that it is possible to identify factors which are absent which if present would have made the offence more objectiv…
Cowling v R [2015] NSWCCA 213
Citation 16 (Para 48)

…rily be considered as a factor which reduces the objective seriousness” of such an offence ( R v Daley [2010] NSWCCA 223 at [48]; Cowling v R [2015] NSWCCA 213 at [16]), it was open to His Honour to have some regard to it (see Russell v R [2010] NSWCCA 248 at [61])”.…
Thammavongsa v R [2015] NSWCCA 107
Citation 17 (Para 43)

…of R v Hearne (2002) 124 A Crim R 451 at [27], Locke v R (2010) 207 A Crim R 34; [2010] NSWCCA 296 at [41]-[49] per RA Hulme J and Thammavongsa v R [2015] NSWCCA 107 at [84]-[90] per Bellew J (Simpson J - as her Honour then was - generally agreeing but dissenting as to the ultimate disposition of the appeal, Hulme J…
CMB v Attorney-General (NSW) [2015] HCA 9
Citation 18

…ueen [2014] HCA 2 at [34]. However, this matter requires reconsideration in light of the decision in CMB v Attorney General for New South Wales [2015] HCA 9, which was delivered on 11 March 2015 (four days after the judgment under appeal). Amongst other things, the appeal in CMB involved the question whether an…
EG v R [2015] NSWCCA 21
Citation 19 (Para 42)

…“The Crown referred to EG v R [2015] NSWCCA 21 at [42] where Hoeben CJ at CL said: ‘General deterrence, denunciation and the protection of the community are principles of sentencing which are relevant to cases involving child sexual abuse. The concern of the courts is to send a message to those who would sexually a…
R v Tuala [2015] NSWCCA 8
Citation 20 (Para 45)

…However, without deprecating the undoubted effects of the offending on the victim, noting the decision of the Court of Criminal Appeal in R v Tuala [2015] NSWCCA 8, I could not take the contents of that statement into account in finding some factor of statutory aggravation. However, the effects of the offending on…
R v Viridian [2014] NSWDC 265
Citation 21 (Para 106)

…I have undertaken what research I can. There is the decision of Cogswell SC DCJ in the matter of Viridian v R [2014] NSWDC 265. The facts are quite similar to the matter with which I am dealing, noting that the victim was six and the offender was 14 and a few months. The matter involved digital penetration in circu…
R v Gavel [2014] NSWCCA 56
Citation 22

…“It is well recognised that sexual offences against children are objectively serious and cause significant harm to the victims. In R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469, the Court stated at [110]: ‘This Court has observed that child sex offences have profound and deleterious effects upon victims for m…
R v CMB [2014] NSWCCA 5
Citation 23 (Para 92)

…“It is well recognised that sexual offences against children are objectively serious and cause significant harm to the victims. In R v Gavel [2014] NSWCCA 56; (2014) 239 A Crim R 469, the Court stated at [110]: ‘This Court has observed that child sex offences have profound and deleterious effects upon victims for…
Simpson v R [2014] NSWCCA 23
Citation 24 (Para 54)

…be determined according to the entirety of the facts and circumstances of the case in question: Doe v R [2013] NSWCCA 248 at [54]; Simpson v R [2014] NSWCCA 23 at [33]-[34].’”…
Barbaro v The Queen [2014] HCA 2
Citation 25 (Para 34)

…y numerical indication as to the degree of leniency which should be accorded and, lastly, a passage in Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2 at [34]. However, this matter requires reconsideration in light of the decision in CMB v Attorney General for New South Wales [2015] HCA 9, which was deliv…
Doe v R [2013] NSWCCA 248
Citation 26 (Para 54)

…bjective seriousness of offending is to be determined according to the entirety of the facts and circumstances of the case in question: Doe v R [2013] NSWCCA 248 at [54]; Simpson v R [2014] NSWCCA 23 at [33]-[34].’”…
SW v R [2013] NSWCCA 255
Citation 27 (Para 52)

…not the whole of their lives: R v CMB [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psyc…
R v Donald [2013] NSWCCA 238
Citation 28 (Para 68)

…dd (1982) 2 NSWLR 517 at 519. Latham J (Hidden and Adamson JJ agreeing) reviewed a number of authorities relating to the issue of delay in R v Donald [2013] NSWCCA 238 at [28]-[57]. At [45] her Honour extracted from the judgment of Buss JA in the Western Australian decision of Scook v R (2008) 185 A Crim R 164.…
Bugmy v The Queen [2013] HCA 37
Citation 29 (Para 61)

…ical and emotional abuse. I inquired of Mr Heazlewood whether he was submitting that the principles enunciated by the High Court in Bugmy v The Queen [2013] HCA 37 were enlivened. He answered that he did not mention that decision in his submissions. Reasonable minds may differ but despite counsel’s approach I am…
Giourtalis v R [2013] NSWCCA 216
Citation 30

…ideration of the issue of delay in Fahda, Khoury , Blanco, Barker & Gibson, TJ v R [2009] NSWCCA 99, Tourni v R [2010] NSWCCA 317 or Giourtalis v R [2013] NSWCCA 216 that departs from the summary set out above in Scook , with the exception of the last factor (a mitigated penalty as a mark of disapproval of tardy pro…
Mammone v R [2013] NSWCCA 95
Citation 31 (Para 35)

…ich are absent which if present would have made the offence more objectively serious does not make the offence less serious than it is: Mammone v R [2013] NSWCCA 95 at [35]. As Grove J put it succinctly in Saddler v R [2009] NSWCCA 83; 194 A Crim R 452 at [3], “In plain language, it does not make what has been done…
Jolly v R [2013] NSWCCA 76
Citation 32 (Para 16)

…In Jolly v R [2013] NSWCCA 76 Bellew J (Hoeben CJ at CL, Slattery J agreeing) said at [72]:…
R v Windle [2012] NSWCCA 222
Citation 33 (Para 32)

…ority suggests that any Ellis discount should not be specified” by reference to R v Borkowski [2009] NSWCCA 102 at [32] per Howie J, R v Windle [2012] NSWCCA 222 where Basten JA (with whom Price and SG Campbell JJ agreed on this aspect) referred to Ryan v The Queen [2001] HCA 21; 206 CLR 267 at [15] to suggest that…
Raad v R [2011] NSWCCA 138
Citation 34 (Para 28)

…“Here, the primary judge followed what was the preponderant view in this Court (contrary to my own: see Raad v R [2011] NSWCCA 138; Ehrlich at [28]ff; R v Z [2006] NSWCCA 342; 167 A Crim R 436 at [116]ff), that “the weight of authority suggests that any Ellis discount should not be specified” by reference to R v Bor…
Clarkson v The Queen [2011] VSCA 157
Citation 35

…th a child is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity: Clarkson v R [2011] VSCA 157; 32 VR 361 at 364 [3], 368-372 [26]-[39].’"…
Tourni v R [2010] NSWCCA 317
Citation 36

…here is nothing in this Court's consideration of the issue of delay in Fahda, Khoury , Blanco, Barker & Gibson, TJ v R [2009] NSWCCA 99, Tourni v R [2010] NSWCCA 317 or Giourtalis v R [2013] NSWCCA 216 that departs from the summary set out above in Scook , with the exception of the last factor (a mitigated penalty a…
Locke v R [2010] NSWCCA 296
Citation 37 (Para 43)

…of sentence, I note in addition to KT v R and BP v R the decisions of R v Hearne (2002) 124 A Crim R 451 at [27], Locke v R (2010) 207 A Crim R 34; [2010] NSWCCA 296 at [41]-[49] per RA Hulme J and Thammavongsa v R [2015] NSWCCA 107 at [84]-[90] per Bellew J (Simpson J - as her Honour then was - generally agreeing b…
Russell v R [2010] NSWCCA 248
Citation 38 (Para 61)

…Daley [2010] NSWCCA 223 at [48]; Cowling v R [2015] NSWCCA 213 at [16]), it was open to His Honour to have some regard to it (see Russell v R [2010] NSWCCA 248 at [61])”.…
R v Daley [2010] NSWCCA 223
Citation 39 (Para 48)

…n of a sexual assault “would not ordinarily be considered as a factor which reduces the objective seriousness” of such an offence ( R v Daley [2010] NSWCCA 223 at [48]; Cowling v R [2015] NSWCCA 213 at [16]), it was open to His Honour to have some regard to it (see Russell v R [2010] NSWCCA 248 at [61])”.…
BP v R [2010] NSWCCA 159
Citation 40 (Para 28)

…g court would have been obliged to take into account decisions such as KT v R [2008] NSWCCA 51 at [21]-[26] per McClellan CJ at CL and BP v R [2010] NSWCCA 159 per Hodgson JA at [84]-[85] and per Johnson J at [98]-[103].…
R v King [2009] NSWCCA 117
Citation 41 (Para 36)

…tercourse which occurs in offending of this nature should not be considered in isolation, and then ranked in some form of hierarchy (see R v King [2009] NSWCCA 117 at [36] per McClellan CJ at CL).”…
R v Robert Borkowski [2009] NSWCCA 102
Citation 42 (Para 32)

…A Crim R 436 at [116]ff), that “the weight of authority suggests that any Ellis discount should not be specified” by reference to R v Borkowski [2009] NSWCCA 102 at [32] per Howie J, R v Windle [2012] NSWCCA 222 where Basten JA (with whom Price and SG Campbell JJ agreed on this aspect) referred to Ryan v The Queen […
Blanco, Barker & Gibson, TJ v R [2009] NSWCCA 99
Citation 43

…“There is nothing in this Court's consideration of the issue of delay in Fahda, Khoury , Blanco, Barker & Gibson, TJ v R [2009] NSWCCA 99, Tourni v R [2010] NSWCCA 317 or Giourtalis v R [2013] NSWCCA 216 that departs from the summary set out above in Scook , with the exception of the last factor (a mitigated penalt…
Saddler v R [2009] NSWCCA 83
Citation 44

…These arguments are akin to saying, “the offence is less serious because it could have been more serious”. As Grove J observed in Saddler v R [2009] NSWCCA 83; 194 A Crim R 452: ‘[3] It is a well-established common law sentencing principle that the absence of a factor which would elevate the seriousness of offendin…
R v AD [2008] NSWCCA 289
Citation 45 (Para 89)

…Court of Criminal Appeal Harrison J, (Beazley JA (as her Honour then was), Hislop J agreeing) reviewed a considerable number of authorities in R v AD [2008] NSWCCA 289 at [63]-[67]. There is also the decision of SZ v R [2007] NSWCCA 19; (2009) 168 A Crim R 249. Buddin J in that decision (Simpson J - as her Honour th…
R v G [2008] UKHL 37
Citation 46 (Para 52)

…B [2014] NSWCCA 5 at [92]. Sexual abuse of children will inevitably give rise to psychological damage: SW v R [2013] NSWCCA 255 at [52]. In R v G [2008] UKHL 37; [2009] 1 AC 92, Baroness Hale of Richmond (at [49]) referred to the "long term and serious harm, both physical and psychological, which premature sexual…
RJA v R [2008] NSWCCA 137
Citation 47 (Para 17)

…the younger the victim the more serious the offence will be regarded – see for e.g. R v AJP at [35], R v PGM [2006] NSWCCA 310 at [36] and RJA v R [2008] NSWCCA 137; (2008) 185 A Crim R 137 at [14]. In the matter presently under consideration the complainant was 5 years of age at the time of offending.…
KT v R [2008] NSWCCA 51
Citation 48 (Para 28)

…been dealt with while the offender was a juvenile, the sentencing court would have been obliged to take into account decisions such as KT v R [2008] NSWCCA 51 at [21]-[26] per McClellan CJ at CL and BP v R [2010] NSWCCA 159 per Hodgson JA at [84]-[85] and per Johnson J at [98]-[103].…
SZ v R [2007] NSWCCA 19
Citation 49 (Para 89)

…was), Hislop J agreeing) reviewed a considerable number of authorities in R v AD [2008] NSWCCA 289 at [63]-[67]. There is also the decision of SZ v R [2007] NSWCCA 19; (2009) 168 A Crim R 249. Buddin J in that decision (Simpson J - as her Honour then was - agreeing and with the additional comments of Howie J), Howi…
R v Z [2006] NSWCCA 342
Citation 50 (Para 28)

…e primary judge followed what was the preponderant view in this Court (contrary to my own: see Raad v R [2011] NSWCCA 138; Ehrlich at [28]ff; R v Z [2006] NSWCCA 342; 167 A Crim R 436 at [116]ff), that “the weight of authority suggests that any Ellis discount should not be specified” by reference to R v Borkowski [2…

Legislation Cited

Crimes (Amendment) Act 1989 (NSW)
1 mention
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 107)
Crimes Act 1900 (ACT)
1 mention (from Para 76)
Firearms Act 1996 (TAS)
1 mention

Medium Neutral Citation:	R v RB [2020] NSWDC 328
Hearing dates:	16 June 2020
Date of orders:	2 July 2020
Decision date:	02 July 2020
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	Sentenced to Community Correction Order for 30 months with 235 hours of community work.
Catchwords:	CRIME – sentencing – sexual intercourse with child under ten years – offender 14 and one week – digital penetration – delay – assistance
Legislation Cited:	Crimes (Sentencing Procedure) Act, 1999 Children (Criminal Proceedings) Act, 1987 Crimes Act 1900
Cases Cited:	R v AA [2017] NSWCCA 84 R v AD [2008] NSWCCA 289 R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434 BM v R [2019] NSWCCA 223 BP v R [2010] NSWCCA 159 Bravo v R [2015] NSWCCA 302 Bugmy v The Queen [2013] HCA 37 Cattell v R [2019] NSWCCA 297 Chamseddine v R [2017] NSWCCA 176 Corliss v R [2020] NSWCCA 65 R v Donald [2013] NSWCCA 238 R v Hearne (2002) 124 A Crim R 451 Jolly v R [2013] NSWCCA 76 KT v R [2008] NSWCCA 51 LS v R [2020] NSWCCA 120 Locke v R (2010) 207 A Crim R 34; [2010] NSWCCA 296 MC v R [2017] NSWCCA 317 Mills v R [2017] NSWCCA 87 MLP v R (2006) 164 A Crim R 93 R v Muldoon unrep. NSWCCA 13.12.1990 R v PGM [2006] NSWCCA 310 Panetta v R [2016] NSWCCA 85 RJA v R [2008] NSWCCA 137; (2008) 185 A Crim R 137 SW v R [2019] NSWCCA 194 Scook v R (2008) 185 A Crim R 164 Thammavongsa v R [2015] NSWCCA 107 R v Thompson & Houlton (2000) 49 NSWLR 383 R v Todd [1982] 2 NSWLR 517 Tsokos v R unrep. NSWCCA 16.6.1995 R v Tuala [2015] NSWCCA 8 R v Van Ryn [2016] NSWCCA 1 Viridian v R [2014] NSWDC 265
Category:	Sentence
Parties:	Regina (The Crown) “RB” (a pseudonym)
Representation:	Counsel: Mr C Heazlewood (for the offender) Solicitors: Ms M McFarlane (for the Crown) Ms J Carroll (for the offender)
File Number(s):	2019/360214
Publication restriction:	The court reminds all concerned that the relevant legislation provides that there must be no publication of the name of the victim or anything that might tend to identify them.