Jacono v R [2026] NSWCCA 120

Jacono v R [2026] NSWCCA 120 concerned an out-of-time sentence appeal for offences against the applicant’s former partner, witness dissuasion and breach of an apprehended domestic violence order. The key issue was whether further evidence of sexual abuse in juvenile detention and resulting complex PTSD should be admitted, and whether its absence invalidated the sentencing exercise. Applying Farrugia v The King, the Court found a compelling explanation for the earlier non-disclosure and held that the evidence could realistically have affected the sentence, causing practical injustice and a vitiating procedural irregularity. Time was extended, leave granted and the appeal allowed. The effective 16-year sentence was replaced by 14 years, with a 10-year and six-month non-parole period.