Regina v Davies [2005] NSWCCA 384

Regina v Davies [2005] NSWCCA 384

Although the offence was very serious and justified a substantial term of imprisonment, the sentence originally imposed was outside the range reasonably open, given judicial statistics and comparable appellate cases, and was so excessive as to manifest error. The correct sentence warranted was 7 years imprisonment...

Source-derived case information.

Parties
Applicant: Andrew Lucas Davies; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 November 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Judgment of NSW Court of Criminal Appeal
Outcome
Appeal upheld; sentence quashed. New sentence substituted.
Legal Topics
Sentencing, Sexual Offences Against Children, Appeal Against Sentence, Excessive Sentence
Criminal Law Sentencing Sexual Offences Against Children Appeal Against Sentence Excessive Sentence

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Parties

Andrew Lucas Davies

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Judgment of NSW Court of Criminal Appeal

Legal Issues

  1. 1 Whether sentence was manifestly excessive for offence of sexual intercourse with a child under 10
  2. 2 Whether sentencing statistics and comparable cases justified a lower sentence
  3. 3 Consideration of discount for plea of guilty and aggravating factors

Ratio Decidendi

Although the offence was very serious and justified a substantial term of imprisonment, the sentence originally imposed was outside the range reasonably open, given judicial statistics and comparable appellate cases, and was so excessive as to manifest error. The correct sentence warranted was 7 years imprisonment with a non-parole period of 5 years 3 months.

Court Disposition

Appeal upheld; sentence quashed. New sentence substituted.

Orders

  • Leave to appeal granted.
  • Appeal upheld.