AB v R [2022] NSWCCA 62

AB v R [2022] NSWCCA 62

The sentencing statistics and the cases relied on by the applicant did not support the asserted manifest excess. ND and JJ were distinguishable, and Scott was an exceptional case with materially different offending and offender circumstances. Having regard to the sentencing judge's findings, especially as to the objective seriousness of the three offences, neither the indicative sentences nor the aggregate sentence were manifestly excessive.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal From an Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Offences Against a Child' 'aggregate Sentence' 'manifest Excess' 'leave to Appeal' 'non Publication Order']
['criminal Law' 'sentencing'] ['sexual Offences Against a Child' 'aggregate Sentence' 'manifest Excess' 'leave to Appeal' 'non Publication Order']

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 From an Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed for three serious sex offences against a young child was unreasonable or plainly unjust, or manifestly excessive.']

Ratio Decidendi

The sentencing statistics and the cases relied on by the applicant did not support the asserted manifest excess. ND and JJ were distinguishable, and Scott was an exceptional case with materially different offending and offender circumstances. Having regard to the sentencing judge's findings, especially as to the objective seriousness of the three offences, neither the indicative sentences nor the aggregate sentence were manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The Applicant be granted leave to appeal.' 'The Appeal be dismissed.']