R v Jarrold [2010] NSWCCA 69

R v Jarrold [2010] NSWCCA 69

The Court found that multiple errors in principle occurred in the sentencing, including misapplication of protective custody considerations, inappropriate concurrency of sentences, improper application of discounts for guilty pleas, and lack of proper weight to deterrence and seriousness of offences. The resulting sentences were manifestly inadequate and required re-sentencing.

Jurisdiction
Australia
Judgment Date
03 May 2010
Procedural Posture
Crown Appeal – Criminal Sentencing / Appeal Following Sentencing in District Court
Outcome
Appeal allowed. Sentences (except for count 6) quashed and respondent re-sentenced as specified.
Legal Topics
['sentencing' 'child Sexual Assault' 'child Pornography' 'crown Appeal' 'manifest Inadequacy' 'protective Custody' 'discount for Guilty Plea']
['criminal Law'] ['sentencing' 'child Sexual Assault' 'child Pornography' 'crown Appeal' 'manifest Inadequacy' 'protective Custody' 'discount for Guilty Plea']

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Procedural Posture

Crown Appeal – Criminal Sentencing / Appeal Following Sentencing in District Court

Legal Issues

  1. 1 ['Whether the sentences were manifestly inadequate' 'Whether the judge erred by taking protective custody into account without evidence' 'Whether error was made in discount applied for pleas of guilty' 'Whether established sentencing range existed for offences committed in the 1970s' 'Whether sentences should have been ordered to run consecutively or concurrently' 'Whether deterrence was adequately addressed']

Ratio Decidendi

The Court found that multiple errors in principle occurred in the sentencing, including misapplication of protective custody considerations, inappropriate concurrency of sentences, improper application of discounts for guilty pleas, and lack of proper weight to deterrence and seriousness of offences. The resulting sentences were manifestly inadequate and required re-sentencing.

Court Disposition

Appeal allowed. Sentences (except for count 6) quashed and respondent re-sentenced as specified.

Orders

  • ['Count 1: fixed term of 12 months (17 September 2009 – 16 September 2010).' 'Count 2: fixed term of 8 months (17 July 2010 – 16 March 2011).' 'Count 3: fixed term of 12 months (17 March 2011 – 16 March 2012).' 'Count 4: fixed term of 6 months (17 June 2011 – 16 December 2011).' 'Count 5: fixed term of 12 months (17...