Regina v Heptonstall [1999] NSWCCA 54

Regina v Heptonstall [1999] NSWCCA 54

Although the sentences imposed for each of the three groups of offences were not excessive, the total sentences did not fall within the range of a sound exercise of sentencing discretion because special circumstances existed and the additional term of twenty months was inadequate given the need for extensive supervision, counselling and support after release. The Court therefore granted leave, confirmed the indecent assault sentences, dismissed those appeals, and substituted reduced minimum terms with a longer additional term for counts 2, 3, 4 and 5.

Jurisdiction
Australia
Judgment Date
10 March 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeals against sentences on counts 1, 6, 7, 8, 9, 10 and 11 dismissed; sentences on counts 2, 3, 4 and 5 varied by substituting new minimum and additional terms.
Legal Topics
['severity of Sentence' 'indecent Assault Upon a Child Under Sixteen Years' 'sexual Intercourse Without Consent With a Child Under Sixteen' 'total Criminality' 'special Circumstances' 'parole Eligibility']
['criminal Law' 'sentencing'] ['severity of Sentence' 'indecent Assault Upon a Child Under Sixteen Years' 'sexual Intercourse Without Consent With a Child Under Sixteen' 'total Criminality' 'special Circumstances' 'parole Eligibility']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentences imposed for multiple child sexual offences were severe or outside the range of a sound exercise of the sentencing discretion.' 'Whether sufficient allowance was made for special circumstances, including aggregation of sentences, first imprisonment, and the need for supervision, counselling and support on release.']

Ratio Decidendi

Although the sentences imposed for each of the three groups of offences were not excessive, the total sentences did not fall within the range of a sound exercise of sentencing discretion because special circumstances existed and the additional term of twenty months was inadequate given the need for extensive supervision, counselling and support after release. The Court therefore granted leave, confirmed the indecent assault sentences, dismissed those appeals, and substituted reduced minimum terms with a longer additional term for counts 2, 3, 4 and 5.

Court Disposition

Leave to appeal granted; appeals against sentences on counts 1, 6, 7, 8, 9, 10 and 11 dismissed; sentences on counts 2, 3, 4 and 5 varied by substituting new minimum and additional terms.

Orders

  • ['Confirm the concurrent fixed term sentence of 3 years on each of counts 1, 6, 7, 8 and 9 and the fixed term sentence of 3 years on each of counts 10 and 11.' 'The sentences on counts 10 and 11 are to be concurrent but cumulative on the sentences on counts 1, 6, 7, 8 and 9.' 'Appeals against the sentences on counts...