AB v R [2020] NSWCCA 170

AB v R [2020] NSWCCA 170

The sentencing judge's modest adjustment of the statutory ratio for special circumstances was open and intended on the evidence, particularly the limited evidence about rehabilitative treatment. The findings that the applicant's non-reoffending enhanced rehabilitation prospects but that his overall prospects remained guarded were not inconsistent when read with the seriousness of the offending, the assessed risk, cognitive distortions and need for offence-specific treatment. There was no evidence of bias in the sentencing judge's reliance on the expert report tendered by the applicant. Given the objectively serious offending over a lengthy period, involving gross abuse of trust towards...

Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Indecent Assault of a Person Under 16' 'inciting a Person Under 16 to Commit an Act of Indecency' 'special Circumstances' 'prospects of Rehabilitation' 'manifest Excess' 'fresh Evidence on Sentence Appeal']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault of a Person Under 16' 'inciting a Person Under 16 to Commit an Act of Indecency' 'special Circumstances' 'prospects of Rehabilitation' 'manifest Excess' 'fresh Evidence on Sentence Appeal']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing special circumstances and in making only a modest reduction to the non-parole period.' "Whether the sentencing judge erred in assessing the applicant's prospects of rehabilitation." "Whether the sentencing judge erred by allowing an expert's report to confirm bias in sentencing." 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge's modest adjustment of the statutory ratio for special circumstances was open and intended on the evidence, particularly the limited evidence about rehabilitative treatment. The findings that the applicant's non-reoffending enhanced rehabilitation prospects but that his overall prospects remained guarded were not inconsistent when read with the seriousness of the offending, the assessed risk, cognitive distortions and need for offence-specific treatment. There was no evidence of bias in the sentencing judge's reliance on the expert report tendered by the applicant. Given the objectively serious offending over a lengthy period, involving gross abuse of trust towards...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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