Regina -v- Cutmore [1999] NSWCCA 132

Regina -v- Cutmore [1999] NSWCCA 132

The sentencing judge erred by failing to give due weight to the objective seriousness and public deterrence in dividing the sentence between minimum and additional term, resulting in a manifestly inadequate minimum term; the error warranted appellate intervention and re-sentencing with a revised balance between...

Source-derived case information.

Parties
Appellant: Crown; Respondent: Jason Dallas Sean Cutmore
Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Crown appeal allowed; original sentence quashed; respondent resentenced to 9 years, with a minimum term of 6 years and additional term of 3 years.
Legal Topics
Sentencing, Minimum Term, Aggravated Sexual Assault, Kidnapping, Manifest Inadequacy, Public Deterrence, Special Circumstances, Crown Appeals
Criminal Law Sentencing Minimum Term Aggravated Sexual Assault Kidnapping Manifest Inadequacy Public Deterrence Special Circumstances +1 more

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Parties

Crown

Appellant

Jason Dallas Sean Cutmore

Respondent

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the minimum term of 4 years in a total sentence of 9 years for aggravated sexual assault and kidnapping was manifestly inadequate
  2. 2 Whether the sentencing judge overemphasised subjective features and undervalued public deterrence and the objective circumstances of the offences

Ratio Decidendi

The sentencing judge erred by failing to give due weight to the objective seriousness and public deterrence in dividing the sentence between minimum and additional term, resulting in a manifestly inadequate minimum term; the error warranted appellate intervention and re-sentencing with a revised balance between minimum and additional terms reflecting objective gravity, aggravating features, and the need for deterrence.

Court Disposition

Crown appeal allowed; original sentence quashed; respondent resentenced to 9 years, with a minimum term of 6 years and additional term of 3 years.

Orders

  • The appeal is allowed.
  • The sentence imposed on 4 September, 1998 is quashed.