REGINA v PECKOVER [2002] NSWCCA 468

REGINA v PECKOVER [2002] NSWCCA 468

Despite the attempt being predestined to fail, its seriousness and proximity to fruition, as well as the offender's deliberate steps, warranted the sentence imposed. The sentencing judge correctly assessed the objective seriousness and discounted the sentence for the early guilty plea, and no lesser sentence was justified.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'attempted Offences' 'child Prostitution' 'objective Seriousness']
['criminal Law'] ['sentencing' 'attempted Offences' 'child Prostitution' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to mitigate sentence due to impossibility of completion of the offence' 'Appropriate assessment of objective seriousness in attempted offence' 'Consideration of early guilty plea and special circumstances in sentencing']

Ratio Decidendi

Despite the attempt being predestined to fail, its seriousness and proximity to fruition, as well as the offender's deliberate steps, warranted the sentence imposed. The sentencing judge correctly assessed the objective seriousness and discounted the sentence for the early guilty plea, and no lesser sentence was justified.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal against sentence dismissed']