REGINA v. ADW [1999] NSWCCA 374

REGINA v. ADW [1999] NSWCCA 374

While the applicant’s offences were grave and the criminality high, the sentences imposed by the District Court were too long having regard to the early pleas of guilty and the credit to which the applicant was entitled. The sentences should be adjusted so that a full term of twelve years six months with minimum terms totalling nine years are imposed, taking into account all the circumstances and applying the principle of totality.

Jurisdiction
Australia
Judgment Date
26 November 1999
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed in part; sentences adjusted.
Legal Topics
['sentencing' 'sexual Offences' 'child Sexual Abuse' 'principle of Totality' 'plea of Guilty' 'mitigation' 'retribution' 'deterrence']
['criminal Law'] ['sentencing' 'sexual Offences' 'child Sexual Abuse' 'principle of Totality' 'plea of Guilty' 'mitigation' 'retribution' 'deterrence']

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Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 ['Whether the overall sentence imposed was manifestly excessive having regard to the applicant’s plea of guilty and subjective circumstances.' 'Whether sufficient credit was given for the plea of guilty.' 'Whether the principle of totality was properly applied in aggregating the sentences for multiple serious sexual offences.']

Ratio Decidendi

While the applicant’s offences were grave and the criminality high, the sentences imposed by the District Court were too long having regard to the early pleas of guilty and the credit to which the applicant was entitled. The sentences should be adjusted so that a full term of twelve years six months with minimum terms totalling nine years are imposed, taking into account all the circumstances and applying the principle of totality.

Court Disposition

Leave to appeal granted; appeal allowed in part; sentences adjusted.

Orders

  • ['Leave to appeal granted.' 'Appeal on counts 4 and 9 dismissed.' 'Appeal allowed on counts 1, 10, 17, 18, 3 and 8; sentences thereon quashed.' 'For counts 1, 10, 17 and 18: applicant sentenced to four years penal servitude on each, from 6 November 1996 to 5 November 2000.' 'For count 3 (plus eleven further sexual...