R v RC [2014] NSWDC 386

R v RC [2014] NSWDC 386

The original sentences were not manifestly inadequate or remarkably lenient and there was no significant circumstance justifying a longer sentence after re-trial. Applying the ceiling principle, totality, the offender's criminal history, risk of re-offending, lack of contrition, and credit for time already served, the Court imposed the same sentences previously fixed. Because those sentences had already expired, the offender was not remanded into custody.

Jurisdiction
Australia
Judgment Date
20 June 2014
Procedural Posture
Criminal Sentence / Sentencing Following Re Trial
Outcome
Full-time custodial sentence imposed, but the sentences had expired and the offender was not remanded into custody.
Legal Topics
['aggravated Indecent Assault' 'standard Non Parole Period' 'ceiling Principle' 'totality' 'prior Criminal Record' 'expired Sentence']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'standard Non Parole Period' 'ceiling Principle' 'totality' 'prior Criminal Record' 'expired Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing Following Re Trial

Legal Issues

  1. 1 ['What sentence should be imposed for two offences contrary to s 61M(1) Crimes Act 1900 following re-trial.' 'Whether the offender should receive a longer sentence or non-parole period than that imposed after the first trial.' 'How to account for the offender having already served more time in custody than the sentence able to be imposed.' 'Whether a non-parole period was required despite the sentences having expired.']

Ratio Decidendi

The original sentences were not manifestly inadequate or remarkably lenient and there was no significant circumstance justifying a longer sentence after re-trial. Applying the ceiling principle, totality, the offender's criminal history, risk of re-offending, lack of contrition, and credit for time already served, the Court imposed the same sentences previously fixed. Because those sentences had already expired, the offender was not remanded into custody.

Court Disposition

Full-time custodial sentence imposed, but the sentences had expired and the offender was not remanded into custody.

Orders

  • ['On count 4, RC was convicted and sentenced to a non-parole period of two years commencing 19 July 2007 and expiring 18 July 2009, with a balance of sentence of eight months expiring 18 March 2010.' 'On count 1, RC was convicted and sentenced to a non-parole period of two years and six months commencing 19 January...