CR v R [2026] NSWCCA 150

CR v R [2026] NSWCCA 150 concerned an appeal against an aggregate seven-year sentence, with a four-year-six-month non-parole period, for six domestic violence-related offences committed shortly after CR’s release on parole. The key issue was whether the sentencing judge impermissibly treated actual or threatened violence under s 21A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 as aggravating the choking and assault offences, despite violence already being an element of those offences. The Court unanimously found impermissible double counting, while differing on whether the reasons were also inadequate. Nevertheless, given the serious, repeated offending and CR’s circumstances, no lesser sentence was warranted. Leave was granted, but the appeal dismissed.