R v Spiller [2000] NSWCCA 36

R v Spiller [2000] NSWCCA 36

The sentencing judge did not err in determining that a custodial sentence was appropriate in the circumstances; the sentence was not manifestly excessive.

Parties
Applicant: Daniel Patrick Spiller; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 February 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence, Indecent Assaults, Manifestly Excessive Sentence
Criminal Law Sentence Indecent Assaults Manifestly Excessive Sentence

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Parties

Daniel Patrick Spiller

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence, Determination of Appeal

Legal Issues

  1. 1 Whether the sentence imposed for aggravated indecent assault was manifestly excessive
  2. 2 Whether the sentencing judge erred by assuming a custodial sentence was necessarily called for

Ratio Decidendi

The sentencing judge did not err in determining that a custodial sentence was appropriate in the circumstances; the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.