Ridley v R [2008] NSWCCA 299

Ridley v R [2008] NSWCCA 299

A less severe sentence is warranted due to the unique circumstance that the conduct was made illegal midway through a consensual relationship, the applicant pleaded guilty at the earliest opportunity, was of good character, and had already served two months in prison. Leave to appeal granted, sentence quashed, and substituted with a bond under s9 Crimes (Sentencing Procedure) Act, 1999.

Jurisdiction
Australia
Judgment Date
13 November 2008
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal allowed; District Court sentence quashed; sentence deferred on condition applicant enter into a bond under s9 Crimes (Sentencing Procedure) Act, 1999 for three years of good behaviour with no supervision order.
Legal Topics
['appeal Against Severity of Sentence' 'sentencing' 'sexual Offences' 'special Care Relationships']
['criminal Law'] ['appeal Against Severity of Sentence' 'sentencing' 'sexual Offences' 'special Care Relationships']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed in the District Court was manifestly excessive considering the applicant’s circumstances and the nature of the offence' 'Impact of the offence being created during consensual relationship' 'Appropriateness of bond under s9 Crimes (Sentencing Procedure) Act, 1999']

Ratio Decidendi

A less severe sentence is warranted due to the unique circumstance that the conduct was made illegal midway through a consensual relationship, the applicant pleaded guilty at the earliest opportunity, was of good character, and had already served two months in prison. Leave to appeal granted, sentence quashed, and substituted with a bond under s9 Crimes (Sentencing Procedure) Act, 1999.

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentence quashed; sentence deferred on condition applicant enter into a bond under s9 Crimes (Sentencing Procedure) Act, 1999 for three years of good behaviour with no supervision order.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against severity of sentence allowed.' 'Sentence imposed in the District Court quashed.' 'Sentence deferred on condition the applicant enter into a bond under s9 Crimes (Sentencing Procedure) Act, 1999 to be of good behaviour for three years with no order as to...