DJM v R [2013] NSWCCA 101

DJM v R [2013] NSWCCA 101

The sentences imposed on counts 1 and 6 were manifestly excessive in light of the lack of detail on images, co-operation with police, and need for the total sentence to be proportionate to the entirety of the offending; appropriate reductions were required to ensure the application of the totality principle and individualized justice in sentencing.

Jurisdiction
Australia
Judgment Date
06 May 2013
Procedural Posture
Criminal Sentence Appeal / Appeal Decision
Outcome
Leave to appeal granted; appeal allowed; reduced sentences imposed.
Legal Topics
['sentence Appeal' 'aggravated Sexual Offences' 'child Pornography Offences' 'sentencing Principles' 'plea of Guilty' 'manifest Excess' 'totality Principle']
['criminal Law'] ['sentence Appeal' 'aggravated Sexual Offences' 'child Pornography Offences' 'sentencing Principles' 'plea of Guilty' 'manifest Excess' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether sentencing judge took into account irrelevant matter under s 21A(2) Crimes (Sentencing Procedure) Act 1999' 'Whether judge gave sufficient weight to finding of special circumstances' 'Consideration of plea of guilty and co-operation with police' 'Whether sentences were manifestly excessive' 'Application of the totality principle']

Ratio Decidendi

The sentences imposed on counts 1 and 6 were manifestly excessive in light of the lack of detail on images, co-operation with police, and need for the total sentence to be proportionate to the entirety of the offending; appropriate reductions were required to ensure the application of the totality principle and individualized justice in sentencing.

Court Disposition

Leave to appeal granted; appeal allowed; reduced sentences imposed.

Orders

  • ['On Count 5 confirm the sentence of 18 months fixed term to date from 8 October 2009.' 'On Count 1 quash the sentence and impose a sentence of 3 years fixed term to date from 8 April 2010.' 'On Count 2 confirm the sentence of 7 years fixed term but order the sentence to date from 8 October 2010.' 'On Count 3 quash...