Macreadie v R [2023] NSWCCA 162

Macreadie v R [2023] NSWCCA 162

The sentencing judge's finding as to the applicant's true purpose for entering the premises was open on the evidence and capable of being established beyond reasonable doubt. Even if the intention to commit sexual assault was not formed at the time of entry, it was formed soon after, and any error is not material to the sentence; thus, the appeal fails. Further, the administrative error regarding the sentence commencement date is not within the jurisdiction of the Court to correct.

Jurisdiction
Australia
Judgment Date
05 July 2023
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision on Leave and Merits of Sentence Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'factual Findings on Motive' 'aggravated Sexual Assault' 'aggravated Break and Enter' 'objective Seriousness of Offending' 'evidentiary Inference in Sentencing' 'administrative Error in Sentence Recording']
['criminal Law'] ['sentence Appeal' 'factual Findings on Motive' 'aggravated Sexual Assault' 'aggravated Break and Enter' 'objective Seriousness of Offending' 'evidentiary Inference in Sentencing' 'administrative Error in Sentence Recording']

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision on Leave and Merits of Sentence Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge's factual finding about the applicant's purpose for entering the premises was open" 'Whether an administrative error in relation to the start date of the sentence could be corrected by the Court of Criminal Appeal']

Ratio Decidendi

The sentencing judge's finding as to the applicant's true purpose for entering the premises was open on the evidence and capable of being established beyond reasonable doubt. Even if the intention to commit sexual assault was not formed at the time of entry, it was formed soon after, and any error is not material to the sentence; thus, the appeal fails. Further, the administrative error regarding the sentence commencement date is not within the jurisdiction of the Court to correct.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The applicant be granted leave to appeal.' 'The appeal be dismissed.']