AGF v R [2016] NSWCCA 236

AGF v R [2016] NSWCCA 236

Applicant's sentence was reduced by 10% to reflect substantial assistance to authorities not brought to the attention of the sentencing judge, with leave to appeal granted and new sentences imposed. The prior conviction being quashed did not materially affect sentence as it was not treated as aggravating.

Jurisdiction
Australia
Judgment Date
21 October 2016
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Re Sentencing
Outcome
Appeal allowed; sentences re-imposed
Legal Topics
['appeal Against Sentence' 'child Sexual Assault' 'sentencing Principles' 'fresh and New Evidence' 'assistance to Authorities']
['criminal Law'] ['appeal Against Sentence' 'child Sexual Assault' 'sentencing Principles' 'fresh and New Evidence' 'assistance to Authorities']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether failure to adduce evidence of assistance to authorities during sentencing amounted to a miscarriage of justice' 'Whether sentencing judge erred by dealing with applicant on basis of prior conviction later quashed']

Ratio Decidendi

Applicant's sentence was reduced by 10% to reflect substantial assistance to authorities not brought to the attention of the sentencing judge, with leave to appeal granted and new sentences imposed. The prior conviction being quashed did not materially affect sentence as it was not treated as aggravating.

Court Disposition

Appeal allowed; sentences re-imposed

Orders

  • ['Time to file Notice of Application for Leave to Appeal extended to 1 June 2016.' 'Leave to appeal granted and appeal allowed.' 'Sentences imposed in the District Court on 6 November 2009 quashed and new sentences imposed for each count as specified.' 'Order that Confidential Exhibit A be returned to the Crown.']