R v Franklin, Craig [2009] NSWDC 313

R v Franklin, Craig [2009] NSWDC 313

The offences committed by Franklin during the twelve hour period, including aggravated sexual assault, take and detain and assaults, demonstrated objective criminality within the mid-range of seriousness with aggravating features; however, his prior good character, rehabilitation prospects, and special circumstances justified departure from the standard non-parole period. Sentences were determined concurrently and weighed for totality.

Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Criminal / Sentence After Jury Conviction
Outcome
convicted and sentenced
Legal Topics
['common Assault' 'take and Detain Without Consent' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'sentencing' 'aggravated Sexual Assault' 'standard Non Parole Period' 'special Circumstances' 'rehabilitation Prospects']
['criminal Law'] ['common Assault' 'take and Detain Without Consent' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'domestic Violence' 'sentencing' 'aggravated Sexual Assault' 'standard Non Parole Period' 'special Circumstances' 'rehabilitation Prospects']

Case Brief

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Procedural Posture

Criminal / Sentence After Jury Conviction

Legal Issues

  1. 1 ['assessment of objective criminality for each offence' 'application of standard non-parole period' 'consideration of special circumstances' 'impact of prior good character and rehabilitation prospects' 'totality of offending' 'use and limitations of victim impact statements']

Ratio Decidendi

The offences committed by Franklin during the twelve hour period, including aggravated sexual assault, take and detain and assaults, demonstrated objective criminality within the mid-range of seriousness with aggravating features; however, his prior good character, rehabilitation prospects, and special circumstances justified departure from the standard non-parole period. Sentences were determined concurrently and weighed for totality.

Court Disposition

convicted and sentenced

Orders

  • ['Three months imprisonment for common assault from 18 September 2009 to 12 December 2009.' 'Twenty-four months imprisonment for take and detain without consent from 18 September 2009 to 17 September 2011.' 'For sexual intercourse without consent in circumstances of aggravation: non-parole period of 4.5 years from...