Blackett v R [2021] NSWCCA 210

Blackett v R [2021] NSWCCA 210

The aggregate sentence was infected by material errors: the judge mischaracterised the victim's age for the aggravated indecent assault, and improperly assessed objective seriousness of the 'possess child abuse material' offence by reference to Form 1 offences. The applicant's autism spectrum disorder warranted a modest reduction in moral culpability and diminished general deterrence.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Criminal Appeal / Leave to Appeal and Resentencing
Outcome
appeal allowed, sentence set aside, applicant resentenced
Legal Topics
['sentencing' 'sexual Offences' 'child Abuse Material' 'assessment of Objective Seriousness' 'mitigating Factors' 'autism Spectrum Disorder']
['criminal Law'] ['sentencing' 'sexual Offences' 'child Abuse Material' 'assessment of Objective Seriousness' 'mitigating Factors' 'autism Spectrum Disorder']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Resentencing

Legal Issues

  1. 1 ['assessment of objective seriousness for aggravated indecent assault' 'assessment of objective seriousness for possession of child abuse material' 'manifest excess' "relevance of applicant's autism spectrum disorder to moral culpability and sentencing"]

Ratio Decidendi

The aggregate sentence was infected by material errors: the judge mischaracterised the victim's age for the aggravated indecent assault, and improperly assessed objective seriousness of the 'possess child abuse material' offence by reference to Form 1 offences. The applicant's autism spectrum disorder warranted a modest reduction in moral culpability and diminished general deterrence.

Court Disposition

appeal allowed, sentence set aside, applicant resentenced

Orders

  • ['Grant the applicant leave to appeal from the aggregate sentence imposed on him in the District Court on 2 October 2020.' 'Allow the appeal and set aside the sentence.' 'Resentence the applicant to a non-parole period of 3 years 3 months to date from 23 June 2020, with a balance of term of 1 year 9 months, giving...