RC v R; R v RC [2020] NSWCCA 76

RC v R; R v RC [2020] NSWCCA 76

The verdict on count 2 was logically and reasonably open to the jury given the evidence and the directions provided. The sentence was manifestly inadequate but, in exceptional circumstances including advanced age, respiratory illness and the COVID-19 pandemic, the residual discretion was exercised not to re-sentence the respondent.

Parties
Appellant on Conviction Appeal; Respondent to Sentence Appeal: RC; Respondent to Conviction Appeal; Appellant in Sentence Appeal: Regina
Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Criminal / Appeal Against Conviction and Crown Appeal Against Sentence
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed; Crown appeal against inadequacy of sentence dismissed.
Legal Topics
Appeal Against Conviction, Crown Appeal Against Sentence, Child Sexual Assault Offences, Sentencing Principles
Criminal Law Appeal Against Conviction Crown Appeal Against Sentence Child Sexual Assault Offences Sentencing Principles

Case Brief

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Parties

RC

Appellant on Conviction Appeal; Respondent to Sentence Appeal

Regina

Respondent to Conviction Appeal; Appellant in Sentence Appeal

Procedural Posture

Criminal / Appeal Against Conviction and Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether verdicts were inconsistent
  2. 2 Whether Markuleski direction should have been repeated
  3. 3 Whether conviction unsafe, unsatisfactory or unreasonable

Ratio Decidendi

The verdict on count 2 was logically and reasonably open to the jury given the evidence and the directions provided. The sentence was manifestly inadequate but, in exceptional circumstances including advanced age, respiratory illness and the COVID-19 pandemic, the residual discretion was exercised not to re-sentence the respondent.

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed; Crown appeal against inadequacy of sentence dismissed.

Orders

  • Leave to appeal against conviction is granted.
  • Appeal against conviction dismissed.