R v CAMPBELL [2001] NSWCCA 89

The sentences imposed for the first four counts of sexual intercourse were excessive in view of the relevant circumstances, including the applicant’s early guilty plea, lack of penetration, and rehabilitative features. Leave to appeal was granted and the sentences for those counts were reduced.

Jurisdiction: Australia
Judgment Date: 23 March 2001
Procedural Posture: Criminal Appeal / Leave to Appeal Against Sentence
Outcome: Leave to appeal granted; sentences for first four counts quashed and replaced; remaining sentences undisturbed.
Legal Topics: ['sentencing' 'sexual Offences' 'appeals']

['criminal Law'] ['sentencing' 'sexual Offences' 'appeals']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

1 ['Whether sentences imposed for sexual offences against a child were excessive' 'Appropriate range for sentences under s 66A Crimes Act 1900 for acts of cunnilingus' 'Effect of guilty plea on sentencing']

Ratio Decidendi

Court Disposition

Leave to appeal granted; sentences for first four counts quashed and replaced; remaining sentences undisturbed.

Orders

['Leave to appeal granted' 'Sentences for first four counts quashed' 'On each of the first four counts, applicant sentenced to imprisonment for five years commencing 11 February 2000 and expiring 10 February 2005' 'On each sentence, non-parole period of three years expiring 10 February 2003 fixed; applicant eligible...