Gold, David Marcus v R [2018] NSWCCA 135

Gold, David Marcus v R [2018] NSWCCA 135

No error of principle was shown in the way the sentencing judge took into account the Form 1 offences when sentencing, nor in the judge's discretionary assessment that, despite the applicant's diagnosed conditions, the gravity of the offending justified no reduction in the weight of general deterrence attaching to sentencing.

Jurisdiction
Australia
Judgment Date
02 July 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction and Sentencing in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'possessing Child Abuse Material' 'disseminating Child Abuse Material' 'grooming Child for Unlawful Sexual Activity' 'sentencing Principles' 'mental Condition in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'possessing Child Abuse Material' 'disseminating Child Abuse Material' 'grooming Child for Unlawful Sexual Activity' 'sentencing Principles' 'mental Condition in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Conviction and Sentencing in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in taking into account offences on the Form 1 in aggravating the objective seriousness of the principal offence' "Whether the sentencing judge erred by failing to take into account or afford sufficient weight to the applicant's mental condition at the time of the offences, with respect to moral culpability and general deterrence"]

Ratio Decidendi

No error of principle was shown in the way the sentencing judge took into account the Form 1 offences when sentencing, nor in the judge's discretionary assessment that, despite the applicant's diagnosed conditions, the gravity of the offending justified no reduction in the weight of general deterrence attaching to sentencing.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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