R v Myers [2002] NSWCCA 162

R v Myers [2002] NSWCCA 162

The sentencing judge gave appropriate weight to the applicant's subjective case and rehabilitation, allowed the maximum guilty plea discount, approached sentence consistently with Pearce by considering individual sentences, concurrency or accumulation and totality, and imposed an overall sentence of 8 years imprisonment with a non-parole period of 5 years that was within discretion and not manifestly excessive for sustained sexual abuse of five victims over several years.

Jurisdiction
Australia
Judgment Date
07 May 2002
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Offences Against Under Age Males' 'appeal Against Severity of Sentence' 'manifest Excess' 'guilty Plea Discount' 'totality' 'concurrency and Accumulation of Sentences' 'pearce Sentencing Structure']
['criminal Law' 'criminal Procedure' 'sentencing'] ['sexual Offences Against Under Age Males' 'appeal Against Severity of Sentence' 'manifest Excess' 'guilty Plea Discount' 'totality' 'concurrency and Accumulation of Sentences' 'pearce Sentencing Structure']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's rehabilitation and counselling before sentence." "Whether the sentencing judge failed to give a sufficient discount for the applicant's plea of guilty." 'Whether the starting point for the sentence was too high if the appropriate guilty plea discount was given.' 'Whether the sentence offended the principles in R v Pearce (1998) HCA 57.' 'Whether the total sentence and its component parts were manifestly excessive.']

Ratio Decidendi

The sentencing judge gave appropriate weight to the applicant's subjective case and rehabilitation, allowed the maximum guilty plea discount, approached sentence consistently with Pearce by considering individual sentences, concurrency or accumulation and totality, and imposed an overall sentence of 8 years imprisonment with a non-parole period of 5 years that was within discretion and not manifestly excessive for sustained sexual abuse of five victims over several years.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal should be given.' 'The appeal should be dismissed.']