COLE v R [2010] NSWCCA 227
The sentence imposed for aggravated sexual intercourse without consent was not manifestly excessive and was within the range of available sentences, considering the objective gravity of the offence, the applicant’s mental illness and contrition, and the absence of special circumstances; no error justifying appellate intervention was established.
- Jurisdiction
- Australia
- Judgment Date
- 08 October 2010
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['appeal Against Sentence' 'aggravated Sexual Intercourse Without Consent' 'detain for Advantage' 'manifest Excess' 'mental Illness' 'contrition' 'special Circumstances']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 ["Whether the sentencing judge failed to properly take into account the applicant's mental illness" "Whether the judge failed to properly consider the applicant's contrition" 'Whether the judge erred in failing to find special circumstances' 'Whether the sentence for aggravated sexual assault offence was manifestly excessive']
Ratio Decidendi
The sentence imposed for aggravated sexual intercourse without consent was not manifestly excessive and was within the range of available sentences, considering the objective gravity of the offence, the applicant’s mental illness and contrition, and the absence of special circumstances; no error justifying appellate intervention was established.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Leave to appeal is granted.' 'The appeal is dismissed.']
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