Richards v R [2023] NSWCCA 107

Richards v R [2023] NSWCCA 107

The Court held that the sentencing judge exercised discretion properly in selecting the commencement date, found special circumstances with an appropriate non-parole period to sentence ratio, adequately considered totality given previous custodial sentences, exercised proper discretion regarding the applicant’s post-offence character, and imposed an aggregate sentence that was within range and not manifestly excessive. The appeal was dismissed.

Parties
Applicant: Desmond Richards; Respondent: Rex
Jurisdiction
Australia
Judgment Date
19 May 2023
Procedural Posture
Appeal Against Sentence / Judgment on Application for Leave to Appeal and on Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals Against Sentence, Historical Sex Offences, Sentencing Principles, Totality Principle, Backdating Sentences, Special Circumstances, Assessment of Good Character, Manifest Excess
Criminal Law Appeals Against Sentence Historical Sex Offences Sentencing Principles Totality Principle Backdating Sentences Special Circumstances Assessment of Good Character +1 more

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Parties

Desmond Richards

Applicant

Rex

Respondent

Procedural Posture

Appeal Against Sentence / Judgment on Application for Leave to Appeal and on Appeal

Legal Issues

  1. 1 Whether sentencing judge took adequate account of delay in prosecution of offences
  2. 2 Whether sentencing judge erred by not backdating the commencement date of sentence further
  3. 3 Whether special circumstances finding required greater adjustment to ratio between parole and total term because of accumulation

Ratio Decidendi

The Court held that the sentencing judge exercised discretion properly in selecting the commencement date, found special circumstances with an appropriate non-parole period to sentence ratio, adequately considered totality given previous custodial sentences, exercised proper discretion regarding the applicant’s post-offence character, and imposed an aggregate sentence that was within range and not manifestly excessive. The appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.