Gifford v R [2016] NSWCCA 302

Gifford v R [2016] NSWCCA 302

Although leave to appeal should be granted, none of the grounds for challenging the sentence were made out. The sentencing judge was not obliged to accept the unchallenged evidence of the expert as to lack of intention to meet the victims nor as to motivation; the finding of high objective seriousness was open given the nature of the communications; prospects of rehabilitation were adequately considered; and the sentence imposed was not manifestly excessive.

Parties
Applicant: Aaron Michael Gifford; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Sentence Appeal / Court of Criminal Appeal Decision on Leave and Merits
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Use of Carriage Service to Procure Underage Person for Sexual Activity, Objective Seriousness of Offence, Prospects of Rehabilitation, Manifest Excess, Acceptance of Unchallenged Expert Evidence, Procedural Fairness
Criminal Law Sentence Appeal Use of Carriage Service to Procure Underage Person for Sexual Activity Objective Seriousness of Offence Prospects of Rehabilitation Manifest Excess Acceptance of Unchallenged Expert Evidence Procedural Fairness

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 4 Authorities cited 39 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Aaron Michael Gifford

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Court of Criminal Appeal Decision on Leave and Merits

Legal Issues

  1. 1 Whether the sentencing judge erred in rejecting unchallenged evidence of the applicant's apparent lack of intention to meet the victims
  2. 2 Whether the judge erred in characterisation of objective seriousness of the offences
  3. 3 Whether the applicant's prospects of rehabilitation were properly assessed

Ratio Decidendi

Although leave to appeal should be granted, none of the grounds for challenging the sentence were made out. The sentencing judge was not obliged to accept the unchallenged evidence of the expert as to lack of intention to meet the victims nor as to motivation; the finding of high objective seriousness was open given the nature of the communications; prospects of rehabilitation were adequately considered; and the sentence imposed was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed