AB [Peter Wayne Graham Scott] v R (No 2) [2016] NSWCCA 28

AB [Peter Wayne Graham Scott] v R (No 2) [2016] NSWCCA 28

The conviction for count 6 on the first indictment had been quashed, requiring the Court to re-sentence the appellant and to make a genuine reduction in the aggregate sentence. Taking into account the seriousness of the remaining offences, the concurrency in the original aggregate sentence, the findings concerning aggravation and lack of remorse, and the unchallenged finding of special circumstances, the appropriate re-sentence was imprisonment with an aggregate non-parole period of 7 years commencing 13 March 2014 and a balance of term of a further 6 years.

Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Criminal Sentence Appeal / Re Sentence After Partially Successful Conviction Appeal / Court of Criminal Appeal Decision on the Papers Re Sentencing Appellant
Outcome
The sentence imposed by Huggett DCJ on 2 May 2014 was quashed and the appellant was re-sentenced.
Legal Topics
['sexual Offences' 'supplying Stupefying Drugs' 'aggregate Sentence' 'non Parole Period' 're Sentencing After Conviction Appeal']
['criminal Law' 'sentencing'] ['sexual Offences' 'supplying Stupefying Drugs' 'aggregate Sentence' 'non Parole Period' 're Sentencing After Conviction Appeal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Re Sentence After Partially Successful Conviction Appeal / Court of Criminal Appeal Decision on the Papers Re Sentencing Appellant

Legal Issues

  1. 1 ['Whether the appellant should be re-sentenced after his conviction appeal succeeded in respect of count 6 on the first indictment.' 'What reduction should be made to the aggregate sentence after one conviction was quashed.']

Ratio Decidendi

The conviction for count 6 on the first indictment had been quashed, requiring the Court to re-sentence the appellant and to make a genuine reduction in the aggregate sentence. Taking into account the seriousness of the remaining offences, the concurrency in the original aggregate sentence, the findings concerning aggravation and lack of remorse, and the unchallenged finding of special circumstances, the appropriate re-sentence was imprisonment with an aggregate non-parole period of 7 years commencing 13 March 2014 and a balance of term of a further 6 years.

Court Disposition

The sentence imposed by Huggett DCJ on 2 May 2014 was quashed and the appellant was re-sentenced.

Orders

  • ['The sentence imposed by Huggett DCJ on 2 May 2014 is quashed.' 'In lieu thereof, the appellant is sentenced to imprisonment with an aggregate non-parole period of 7 years commencing 13 March 2014 with a balance of term of a further 6 years.']