CC v R [2019] NSWCCA 230

CC v R [2019] NSWCCA 230

The applicant failed to demonstrate error in the indicative sentences for counts 1–5 or for perverting the course of justice; the sentencing judge appropriately considered the applicant's age at the time of offending and applied relevant statutory principles. The aggregate sentence was not manifestly excessive or plainly unjust. Leave to appeal is refused.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Sentence (out of Time)
Outcome
Leave to appeal refused
Legal Topics
['sentence Appeal' 'sexual Offences Against Children' 'aggregate Sentences' 'manifest Excess' 'extension of Time' 'perversion of Justice']
['criminal Law'] ['sentence Appeal' 'sexual Offences Against Children' 'aggregate Sentences' 'manifest Excess' 'extension of Time' 'perversion of Justice']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Sentence (out of Time)

Legal Issues

  1. 1 ['Whether aggregate sentence imposed was manifestly excessive' "Whether sentences for offences committed as a juvenile adequately reflected applicant's age under Children (Criminal Proceedings) Act 1987 (NSW)" "Whether sentence for perverting the course of justice reflected applicant's level of culpability"]

Ratio Decidendi

The applicant failed to demonstrate error in the indicative sentences for counts 1–5 or for perverting the course of justice; the sentencing judge appropriately considered the applicant's age at the time of offending and applied relevant statutory principles. The aggregate sentence was not manifestly excessive or plainly unjust. Leave to appeal is refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Extend the time for the filing of the notice of application for leave to appeal to 20 June 2019.' 'Leave to appeal is refused.']