R v RMW [2016] NSWCCA 211

R v RMW [2016] NSWCCA 211

Although all asserted sentencing errors were established and the original sentence was manifestly inadequate, the Court declined to intervene due to the respondent’s rehabilitation since sentence and the re-establishment of her relationship with her children; the residual discretion was exercised to dismiss the Crown appeal.

Parties
Appellant: Crown; Respondent: RMW
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Crown Appeal Against Sentence / Appeal Judgment
Outcome
Crown appeal dismissed
Legal Topics
Sentencing, Crown Appeal Against Inadequacy, Administering Poison, Assault, Child Victims, Breach of Trust, Objective Seriousness, Aggravating Factors, Intensive Corrections Order
Criminal Law Sentencing Crown Appeal Against Inadequacy Administering Poison Assault Child Victims Breach of Trust Objective Seriousness +2 more

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Parties

Crown

Appellant

RMW

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the respondent only intended to cause the victim to sleep, not to injure, for ss. 39 and 41 offences
  2. 2 Whether sentencing judge erred in characterising the offences as at the lowest level of objective seriousness
  3. 3 Whether sentencing judge failed to consider the extreme vulnerability of the victim and breach of trust

Ratio Decidendi

Although all asserted sentencing errors were established and the original sentence was manifestly inadequate, the Court declined to intervene due to the respondent’s rehabilitation since sentence and the re-establishment of her relationship with her children; the residual discretion was exercised to dismiss the Crown appeal.

Court Disposition

Crown appeal dismissed

Orders

  • The Crown appeal is dismissed.