Regina v Kershaw [2005] NSWCCA 56
The sentence, although severe, was not disproportionate to the gravity of the offence given the applicant’s breach of trust, prior conviction for assault, previous anger management, breach of AVO, and the seriousness of the criminal conduct; thus, the sentence was not manifestly excessive and no error of discretion was established to warrant appellate intervention.
- Jurisdiction
- Australia
- Judgment Date
- 01 March 2005
- Procedural Posture
- Criminal Appeal / Sentence Appeal; Determination on Leave and Merits
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['sentencing' 'sexual Intercourse Without Consent' 'domestic Violence' 'breach of Apprehended Violence Order (avo)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Sentence Appeal; Determination on Leave and Merits
Legal Issues
- 1 ['Whether the sentence imposed for sexual intercourse without consent was manifestly excessive' 'The effect of the marital relationship and breach of AVO on sentence' 'Consideration of remorse, rehabilitation and prospects, and complainant’s attitude in sentencing']
Ratio Decidendi
The sentence, although severe, was not disproportionate to the gravity of the offence given the applicant’s breach of trust, prior conviction for assault, previous anger management, breach of AVO, and the seriousness of the criminal conduct; thus, the sentence was not manifestly excessive and no error of discretion was established to warrant appellate intervention.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
Full Case Text
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