Gabrieli v R [2023] NSWCCA 204

Gabrieli v R [2023] NSWCCA 204

The aggregate sentence imposed in this case is not manifestly excessive, unreasonable or plainly unjust; the sole ground of appeal is not made out.

Parties
Applicant: David Gabrieli; Respondent: Rex (Crown)
Jurisdiction
Australia
Judgment Date
28 August 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
Appeal Against Sentence, Sexual Offences, Manifestly Excessive Sentencing, Aggregate Sentences, Subjective Circumstances in Mitigation, Non Parole Period
Criminal Law Appeal Against Sentence Sexual Offences Manifestly Excessive Sentencing Aggregate Sentences Subjective Circumstances in Mitigation Non Parole Period

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Parties

David Gabrieli

Applicant

Rex (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence of 18 years with a non-parole period of 13 years is manifestly excessive
  2. 2 Appropriateness of indicative sentences for individual counts
  3. 3 Whether subjective circumstances warranted more leniency

Ratio Decidendi

The aggregate sentence imposed in this case is not manifestly excessive, unreasonable or plainly unjust; the sole ground of appeal is not made out.

Court Disposition

Leave to appeal granted, appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal