Franklin v R [2019] NSWCCA 325
No error was demonstrated in the sentencing judge's assessment of objective seriousness for Counts 3 and 4. The aggregate sentence, though substantial, reflected the gravity, circumstances, and sustained nature of the applicant's sexual offences against his sister and was not manifestly excessive.
- Parties
- Applicant: Brian Franklin (a pseudonym); Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 30 December 2019
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal against sentence dismissed
- Legal Topics
- Sentencing, Sex Offences, Historical Child Sexual Abuse, Appeals (criminal), Objective Seriousness in Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Brian Franklin (a pseudonym)
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in assessment of objective seriousness of the rape offences (Counts 3 and 4)
- 2 Whether the aggregate sentence imposed was manifestly excessive
Ratio Decidendi
No error was demonstrated in the sentencing judge's assessment of objective seriousness for Counts 3 and 4. The aggregate sentence, though substantial, reflected the gravity, circumstances, and sustained nature of the applicant's sexual offences against his sister and was not manifestly excessive.
Court Disposition
Leave to appeal granted; appeal against sentence dismissed
Orders
- Grant the Applicant leave to appeal against sentence.
- Appeal against sentence dismissed.
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