Regina v Cox [1999] NSWCCA 220

Regina v Cox [1999] NSWCCA 220

The original sentence for attempted aggravated sexual intercourse was excessive as insufficient weight was given to the guilty plea, remorse, and rehabilitation, warranting reduction to a minimum of 18 months with an additional term of 18 months.

Jurisdiction
Australia
Judgment Date
02 August 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed in part
Legal Topics
['sentence for Aggravated Indecent Assaults' 'attempted Aggravated Sexual Intercourse']
['criminal Law'] ['sentence for Aggravated Indecent Assaults' 'attempted Aggravated Sexual Intercourse']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for attempted aggravated sexual intercourse was manifestly excessive' 'Whether the sentencing judge gave sufficient weight to the plea of guilty, remorse, and prospects of rehabilitation']

Ratio Decidendi

The original sentence for attempted aggravated sexual intercourse was excessive as insufficient weight was given to the guilty plea, remorse, and rehabilitation, warranting reduction to a minimum of 18 months with an additional term of 18 months.

Court Disposition

Leave to appeal granted; appeal allowed in part

Orders

  • ['Applicant sentenced on the count of attempted aggravated sexual intercourse to a minimum term of 18 months commencing on 13 November 1998 and expiring on 12 May 2000 and an additional term of 18 months commencing on 13 May 2000.' 'Appeals against sentences on counts of aggravated indecent assault dismissed.']