R v SBR [2012] NSWCCA 233

R v SBR [2012] NSWCCA 233

No error demonstrated in sentencing judge's exercise of discretion; concurrent sentences for counts 1 and 2 were appropriate given their similar character and low objective seriousness; suspension of total sentence was justified due to rehabilitation prospects and disabilities; sentence for count 3 could reasonably have been greater but was not manifestly inadequate in all the circumstances and discretion not misapplied.

Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
['sentencing' 'child Pornography' 'crown Appeal' 'objective Seriousness' 'general Deterrence']
['criminal Law'] ['sentencing' 'child Pornography' 'crown Appeal' 'objective Seriousness' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether identifiably separate periods of imprisonment should have been imposed for counts 1 and 2' 'Whether sentencing judge failed to properly determine objective seriousness for count 3' 'Whether sentencing judge failed to have adequate regard to general deterrence' 'Whether sentencing judge erred in finding contrition and remorse' 'Whether sentence was manifestly inadequate']

Ratio Decidendi

No error demonstrated in sentencing judge's exercise of discretion; concurrent sentences for counts 1 and 2 were appropriate given their similar character and low objective seriousness; suspension of total sentence was justified due to rehabilitation prospects and disabilities; sentence for count 3 could reasonably have been greater but was not manifestly inadequate in all the circumstances and discretion not misapplied.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed as indicated.']