Stewart v R [2012] NSWCCA 183

Stewart v R [2012] NSWCCA 183

No appellable error was shown. The sentencing judge sufficiently dealt with the objective and subjective features in ex tempore remarks, his treatment of intoxication was consistent with authority, any generalised discussion of victim impact did not cause error because undisputed victim impact evidence showed significant psychological injury, and the sentence, although stern, was within range for a serious s 61I offence involving an attempt to dominate the victim while the applicant was subject to suspended sentences.

Jurisdiction
Australia
Judgment Date
29 August 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court at Lismore
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'objective Seriousness' 'subjective Features' 'intoxication on Sentence' 'victim Impact' 'manifest Excess']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'objective Seriousness' 'subjective Features' 'intoxication on Sentence' 'victim Impact' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court at Lismore

Legal Issues

  1. 1 ['Whether the sentencing judge failed to identify and assess the factors relevant to the objective seriousness of the offence.' "Whether the sentencing judge failed to identify and assess the factors relevant to the applicant's subjective case." 'Whether the sentencing judge erred in considering the impact of the offence on the victim.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

No appellable error was shown. The sentencing judge sufficiently dealt with the objective and subjective features in ex tempore remarks, his treatment of intoxication was consistent with authority, any generalised discussion of victim impact did not cause error because undisputed victim impact evidence showed significant psychological injury, and the sentence, although stern, was within range for a serious s 61I offence involving an attempt to dominate the victim while the applicant was subject to suspended sentences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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