25 July 2013

NSW Attorney General Greg Smith SC has instructed the Crown Solicitor to lodge an appeal in the recent case of R v B, an offender who was given a good behaviour bond after being convicted of aggravated sexual assault and aggravated indecent assault against his daughter.

“I have taken this unusual step because I was deeply disturbed by the circumstances of this case. I am of the view that mistakes were made in the case and believe the penalty imposed is manifestly inadequate,” Mr Smith said.

“The sexual assault of a child is an outrageous breach of trust and the penalty must reflect the seriousness of the offence.”  

The Attorney General has instructed the Crown Solicitor to lodge an appeal, to be run by senior counsel.

The appeal will be lodged with the Court of Criminal Appeal in due course, and be listed for hearing in the usual way.

“My decision to appeal, despite the decision by the NSW Director of Public Prosecutions not to, is no criticism of the director.”

It is inappropriate to comment further on the case while the appeal is under way.


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