Regina v Paul [2000] NSWCCA 117

Regina v Paul [2000] NSWCCA 117

The Court was not persuaded that the sentence was excessive or that the sentencing judge erred in refusing to find special circumstances. The offence was very serious, involved actual violence against a thirteen year old child in a public street, caused fear for her life and health, was very nearly completed, and was not the applicant's first offence of its kind; the applicant's history gave no reason to believe an extended period of supervision would effect rehabilitation.

Jurisdiction
Australia
Judgment Date
17 March 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['attempted Aggravated Sexual Assault' 'manifest Excess' 'special Circumstances' 'drug Addiction' 'prior Offending' 'sentencing Statistics']
['criminal Law' 'sentencing'] ['attempted Aggravated Sexual Assault' 'manifest Excess' 'special Circumstances' 'drug Addiction' 'prior Offending' 'sentencing Statistics']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence of ten years penal servitude with a minimum term of seven and a half years was manifestly excessive.' 'Whether the sentencing judge erred by failing to find special circumstances justifying departure from the statutory ratio in s 5(2) of the Sentencing Act 1989.']

Ratio Decidendi

The Court was not persuaded that the sentence was excessive or that the sentencing judge erred in refusing to find special circumstances. The offence was very serious, involved actual violence against a thirteen year old child in a public street, caused fear for her life and health, was very nearly completed, and was not the applicant's first offence of its kind; the applicant's history gave no reason to believe an extended period of supervision would effect rehabilitation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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