MC v R [2017] NSWCCA 316

MC v R [2017] NSWCCA 316

The sentencing judge did not err in relation to general deterrence because the remarks on sentence showed only that deterrence and denunciation were treated as relevant sentencing factors. The judge did not impermissibly use judicial memory to establish sentencing ranges, but used it only in a limited way consistent with existing authority to confirm material before him concerning historical sentencing practices. Having regard to the seriousness of repeated sexual abuse of the applicant's daughters over many years, the historical sentencing context, the applicant's mitigating circumstances, and the indicative sentences, the aggregate sentence of 10 years with a non-parole period of 5...

Jurisdiction
Australia
Judgment Date
13 December 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Imposed in the District Court of New South Wales; Leave Granted and Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['historical Sexual Offences' 'appeal Against Sentence' 'general Deterrence' 'judicial Memory' 'manifest Excess' 'aggregate Sentencing' 'non Parole Period']
['criminal Law' 'sentencing'] ['historical Sexual Offences' 'appeal Against Sentence' 'general Deterrence' 'judicial Memory' 'manifest Excess' 'aggregate Sentencing' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Imposed in the District Court of New South Wales; Leave Granted and Appeal Determined

Legal Issues

  1. 1 ['Whether the sentencing judge incorrectly applied the principle of general deterrence when sentencing for historical child sexual offences.' 'Whether the sentencing judge erred by giving effect to his own personal knowledge or memory of historical sentencing practices.' 'Whether the aggregate sentence of 10 years with a non-parole period of 5 years, or the indicative sentences, were manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in relation to general deterrence because the remarks on sentence showed only that deterrence and denunciation were treated as relevant sentencing factors. The judge did not impermissibly use judicial memory to establish sentencing ranges, but used it only in a limited way consistent with existing authority to confirm material before him concerning historical sentencing practices. Having regard to the seriousness of repeated sexual abuse of the applicant's daughters over many years, the historical sentencing context, the applicant's mitigating circumstances, and the indicative sentences, the aggregate sentence of 10 years with a non-parole period of 5...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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