Clarke v R [2009] NSWCCA 49

Clarke v R [2009] NSWCCA 49

The overall sentence and adjustment for special circumstances were deliberate and within the sentencing judge's discretion; the identification of the maximum penalty for s 66C(4) was a slip that did not render the sentence excessive or inappropriate.

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'sexual Intercourse With a Child' 'circumstances of Aggravation' 'special Circumstances in Sentencing' 'custodial Sentences']
['criminal Law'] ['appeal Against Sentence' 'sexual Intercourse With a Child' 'circumstances of Aggravation' 'special Circumstances in Sentencing' 'custodial Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether special circumstances exist because the applicant is serving his first custodial sentence' 'Whether the sentencing judge erred in the identification of the maximum penalty for the offence under s 66C(4) of the Crimes Act 1900']

Ratio Decidendi

The overall sentence and adjustment for special circumstances were deliberate and within the sentencing judge's discretion; the identification of the maximum penalty for s 66C(4) was a slip that did not render the sentence excessive or inappropriate.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']