BR v R [2015] NSWCCA 255

BR v R [2015] NSWCCA 255

Although the sentence was very heavy, the applicant engaged in an extremely serious course of conduct over seven months involving five young victims and child abuse material. The individual indicative sentences and the aggregate sentence were not outside the range legitimately available. The 25 per cent discount was properly attributable to the utilitarian value of the guilty pleas and did not require acceptance of genuine remorse. The finding of special circumstances was adequately reflected because the applicant would have a substantial parole period for supervision and counselling on release.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Offences Against Children' 'child Abuse Material' 'aggregate Sentencing' 'manifest Excess' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sexual Offences Against Children' 'child Abuse Material' 'aggregate Sentencing' 'manifest Excess' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the indicative sentences and aggregate sentence imposed for 41 offences were manifestly excessive.' "Whether the sentencing judge's finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) was materially reflected in the non-parole period." "Whether the sentencing judge failed to take into account the applicant's age and antecedents and imposed a crushing sentence." 'Whether the applicant received an adequate discount for early guilty pleas entered in the Local Court.']

Ratio Decidendi

Although the sentence was very heavy, the applicant engaged in an extremely serious course of conduct over seven months involving five young victims and child abuse material. The individual indicative sentences and the aggregate sentence were not outside the range legitimately available. The 25 per cent discount was properly attributable to the utilitarian value of the guilty pleas and did not require acceptance of genuine remorse. The finding of special circumstances was adequately reflected because the applicant would have a substantial parole period for supervision and counselling on release.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']