O’Sullivan v R [2015] NSWCCA 329

O’Sullivan v R [2015] NSWCCA 329

While the judge erred in considering the applicant's attitude to anti-libidinal medication adversely, this did not affect the outcome; the offences were objectively very serious, there was no double-counting in relation to breaches of supervision order, and the aggregate sentence and indicative individual sentences were within the principles of sentencing and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
21 December 2015
Procedural Posture
Criminal Law Sentence Appeal / Application for Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'breach of Extended Supervision Order' 'possession of Child Abuse Material' 'objective Seriousness' 'remorse and Rehabilitation' 'manifest Excess']
['criminal Law'] ['sentence Appeal' 'breach of Extended Supervision Order' 'possession of Child Abuse Material' 'objective Seriousness' 'remorse and Rehabilitation' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Law Sentence Appeal / Application for Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentencing judge erred by considering outdated or irrelevant material from reports tendered by the Crown' "Whether there was double-counting of the aggravating feature 'breach of conditional liberty' in sentencing" "Whether the offences were correctly characterised as 'very serious'" 'Whether the aggregate sentence was manifestly excessive and failed to take totality into account']

Ratio Decidendi

While the judge erred in considering the applicant's attitude to anti-libidinal medication adversely, this did not affect the outcome; the offences were objectively very serious, there was no double-counting in relation to breaches of supervision order, and the aggregate sentence and indicative individual sentences were within the principles of sentencing and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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