Wp v R

[2024] NSWCCA 77

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Re-exercise of sentencing discretion
5. › Whether any lesser sentence warranted in law
6. › Multiple child sex offences and physical assaults over 18 years
7. › Errors conceded as to guilty plea discount, maximum penalties and standard non-parole periods
8. › Criminal Appeal Act 1912 (NSW), s 6(3)
9. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 25D, 25F(8), 101A
1. Criminal Law
2. › Sentencing
3. › Guilty plea discount
4. › Mandatory discount regime
5. › Whether discount available after commencement of evidence at trial
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 25D(2)(c)
1. Criminal Law
2. › Sentencing
3. › Aggregate sentences
4. › Totality principle
5. › Multiple offences against multiple victims over extended period
6. › Whether aggregate sentence appropriate

Quick Take

The mandatory 5% guilty plea discount under s 25D(2)(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW) applies to all counts where a plea is entered before sentence, regardless of whether a witness has commenced giving evidence at trial; there is no discretion to withhold the discount.

Case Details

Citation[2024] NSWCCA 77

CourtNSWCCA

JurisdictionNew South Wales

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Cited by2

2025Ds v RNSWCCA 53
2024R v FisherNSWCCA 191

Relies on

Phillip Edward Smith v RNSWCCA 138
Stanley v Director of Public Prosecutions (NSW)HCA 3
Gurin v RNSWCCA 193
Panetta v RNSWCCA 85

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