Regina v CJB [2000] NSWCCA 161

Regina v CJB [2000] NSWCCA 161

The application for leave to appeal is refused because the manner in which the sentences were structured did not offend the totality principle, and the sentences imposed were well within the available sentencing discretion given the high degree of criminality and seriousness of offences.

Jurisdiction
Australia
Judgment Date
05 May 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
['sentence Appeal' 'accumulation of Sentence' 'sexual Offences Against Children' 'totality Principle']
['criminal Law'] ['sentence Appeal' 'accumulation of Sentence' 'sexual Offences Against Children' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the accumulation of the sentence for the 8th count was appropriate' 'Whether the sentencing structure offended the totality principle' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The application for leave to appeal is refused because the manner in which the sentences were structured did not offend the totality principle, and the sentences imposed were well within the available sentencing discretion given the high degree of criminality and seriousness of offences.

Court Disposition

Application for leave to appeal refused

Orders

  • ['No publication of proceedings in a manner identifying the complainant or her children' 'Application for leave to appeal is refused']