Regina v Sangalang [2005] NSWCCA 171

Regina v Sangalang [2005] NSWCCA 171

Although the sentencing judge erred by using the standard non-parole period as a starting point and by expressing the calculation as a percentage reduction from it, the assessment of objective seriousness was open, no separate discount for contrition was required, and the sentence was not manifestly excessive in light of the legislative intention to increase sentences for aggravated indecent assault. Because no lesser sentence was warranted, the sentence was not quashed.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['aggravated Indecent Assault' 'standard Non Parole Period' 'plea of Guilty' 'objective Seriousness' 'manifest Excess' 'child Sexual Offending']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'standard Non Parole Period' 'plea of Guilty' 'objective Seriousness' 'manifest Excess' 'child Sexual Offending']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by using the standard non-parole period as a starting point rather than as a reference point.' 'Whether the sentencing judge erred in assessing the offence as falling just below the mid-range of objective seriousness.' 'Whether a further discount should have been given for contrition.' 'Whether the sentence was manifestly excessive having regard to Judicial Commission sentencing statistics.']

Ratio Decidendi

Although the sentencing judge erred by using the standard non-parole period as a starting point and by expressing the calculation as a percentage reduction from it, the assessment of objective seriousness was open, no separate discount for contrition was required, and the sentence was not manifestly excessive in light of the legislative intention to increase sentences for aggravated indecent assault. Because no lesser sentence was warranted, the sentence was not quashed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal is dismissed.']