REGINA v BAKER [2006] NSWCCA 135

REGINA v BAKER [2006] NSWCCA 135

The offence was objectively very serious; the delay of nearly ten years was almost entirely due to the applicant having absconded; the sentence imposed was within the range of sentences for offences of this kind both in 1994 and 2004; and no explicit or implicit error was shown in the sentencing judge's exercise of discretion. Leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
16 May 2006
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['aggravated Sexual Intercourse Without Consent' 'delay in Prosecution' 'absconding' 'age and Health of Offender' 'severity Appeal' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse Without Consent' 'delay in Prosecution' 'absconding' 'age and Health of Offender' 'severity Appeal' 'non Parole Period']

Case Brief

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentence of six years and six months' imprisonment with a non-parole period of four years was manifestly excessive or otherwise affected by error." "Whether the applicant's age, health, unlikelihood of re-offending and the delay of about ten years before trial warranted a lesser sentence." 'Whether the delay should reduce the sentence where the delay was almost entirely due to the applicant absconding.']

Ratio Decidendi

The offence was objectively very serious; the delay of nearly ten years was almost entirely due to the applicant having absconded; the sentence imposed was within the range of sentences for offences of this kind both in 1994 and 2004; and no explicit or implicit error was shown in the sentencing judge's exercise of discretion. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']