DBW v REGINA [2007] NSWCCA 236

DBW v REGINA [2007] NSWCCA 236

Although the sentencing judge did not expressly identify the appellant's voluntary confession as a separate mitigating factor, the sentences imposed for serious, repeated sexual offences against very young children showed that it was taken into account and given substantial weight. The inference that the appellant's son's behaviour was linked to the offending was open on the accepted material, common sense and the psychologist's report, and the Evidence Act 1995 did not prevent reliance on the material in the absence of a direction. There was no proper basis to infer that the sentencing judge accepted an aggravating submission of substantial harm without reasons, and in any event the...

Jurisdiction
Australia
Judgment Date
27 July 2007
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'plea of Guilty' 'voluntary Disclosure and Confession' 'child Sexual Offences' 'aggravating Circumstances' 'emotional Harm to Victims' 'evidence in Sentence Proceedings']
['criminal Law' 'sentencing' 'evidence'] ['appeal Against Sentence' 'plea of Guilty' 'voluntary Disclosure and Confession' 'child Sexual Offences' 'aggravating Circumstances' 'emotional Harm to Victims' 'evidence in Sentence Proceedings']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give appropriate consideration to the appellant's voluntary disclosure of guilt in circumstances where discovery by authorities was unlikely." "Whether the sentencing judge erred in observing that the appellant's son had been adversely affected by the appellant's crimes." 'Whether the sentencing judge erred in his treatment of s21A of the Crimes (Sentencing Procedure) Act 1999 by not identifying matters of aggravation.']

Ratio Decidendi

Although the sentencing judge did not expressly identify the appellant's voluntary confession as a separate mitigating factor, the sentences imposed for serious, repeated sexual offences against very young children showed that it was taken into account and given substantial weight. The inference that the appellant's son's behaviour was linked to the offending was open on the accepted material, common sense and the psychologist's report, and the Evidence Act 1995 did not prevent reliance on the material in the absence of a direction. There was no proper basis to infer that the sentencing judge accepted an aggravating submission of substantial harm without reasons, and in any event the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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