Regina v Percival [2001] NSWCCA 429

Regina v Percival [2001] NSWCCA 429

The sentencing judge did not err in his approach to prior good character, assessment of the late guilty pleas, statistical range of sentences, or in declining to find special circumstances. The sentence was within proper bounds and not manifestly excessive.

Parties
Respondent: Regina; Applicant: Brian Percival
Jurisdiction
Australia
Judgment Date
19 October 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Sexual Offences Against Children, Late Guilty Pleas
Criminal Law Sentencing Sexual Offences Against Children Late Guilty Pleas

Case Brief

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Parties

Regina

Respondent

Brian Percival

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether prior good character was given insufficient weight
  3. 3 Effect of late guilty pleas on sentencing

Ratio Decidendi

The sentencing judge did not err in his approach to prior good character, assessment of the late guilty pleas, statistical range of sentences, or in declining to find special circumstances. The sentence was within proper bounds and not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed