Cunningham v R [2020] NSWCCA 287
The sentencing judge correctly applied the principle of totality by regarding the earlier sentences imposed by Judge Karpin as most relevant, and properly considered the background of other offending by the applicant; the sentence imposed was not manifestly excessive given the objective seriousness, planning, abuse of trust, and lack of error in the judge's evaluative process.
- Jurisdiction
- Australia
- Judgment Date
- 16 November 2020
- Procedural Posture
- Criminal Sentence Appeal / Court of Criminal Appeal; Application for Leave to Appeal Sentence
- Outcome
- Leave to appeal against sentence granted; appeal dismissed
- Legal Topics
- ['sentence Appeal' 'principle of Totality' 'manifest Excess' 'aggravated Indecent Assault' 'aggravated Sexual Intercourse' 'child Sexual Offences']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal; Application for Leave to Appeal Sentence
Legal Issues
- 1 ['Whether the sentencing judge erred in the application of the principle of totality' 'Whether the sentence was manifestly excessive']
Ratio Decidendi
The sentencing judge correctly applied the principle of totality by regarding the earlier sentences imposed by Judge Karpin as most relevant, and properly considered the background of other offending by the applicant; the sentence imposed was not manifestly excessive given the objective seriousness, planning, abuse of trust, and lack of error in the judge's evaluative process.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed
Orders
- ['Leave to appeal against sentence be granted.' 'The appeal against sentence is dismissed.']
Full Case Text
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