R v Di Cola [1999] NSWCCA 195

R v Di Cola [1999] NSWCCA 195

The appeal was dismissed because the sentencing judge's doubts about the applicant's contrition were open on the ERISP and pre-sentence report, the judge was entitled to rely on the uncross-examined pre-sentence report, no error in the sentencing approach was shown, and the concurrent three-year sentences for serious offences involving breach of trust against a young child were within the appropriate range.

Jurisdiction
Australia
Judgment Date
21 July 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['assault With Act of Indecency' 'child Victim' 'breach of Trust' 'contrition' 'pre Sentence Report' 'special Circumstances' 'sentence Appeal']
['criminal Law' 'sentencing'] ['assault With Act of Indecency' 'child Victim' 'breach of Trust' 'contrition' 'pre Sentence Report' 'special Circumstances' 'sentence Appeal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in his treatment of the applicant's evidence of contrition." "Whether the sentencing judge was entitled to rely on the pre-sentence report notwithstanding the applicant's complaint about its basis." 'Whether the sentence imposed was outside the appropriate range of the sentencing discretion.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge's doubts about the applicant's contrition were open on the ERISP and pre-sentence report, the judge was entitled to rely on the uncross-examined pre-sentence report, no error in the sentencing approach was shown, and the concurrent three-year sentences for serious offences involving breach of trust against a young child were within the appropriate range.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']