R v D.K.M [2003] NSWCCA 372

R v D.K.M [2003] NSWCCA 372

The sentencing judge did not err: he imposed the effective aggregate sentence and non-parole period he intended, expressly limiting the effect of special circumstances because the aggregate non-parole period had to reflect the objective seriousness of the offences. The individual and cumulative sentences were within discretion and well justified by the serious objective circumstances, including after the discount for early guilty pleas.

Jurisdiction
Australia
Judgment Date
09 December 2003
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['carnal Knowledge' 'sexual Intercourse Without Consent' 'non Parole Period' 'parole Period' 'special Circumstances' 'accumulation of Sentences']
['criminal Law' 'sentencing'] ['carnal Knowledge' 'sexual Intercourse Without Consent' 'non Parole Period' 'parole Period' 'special Circumstances' 'accumulation of Sentences']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding special circumstances under s 44 of the Crimes (Sentencing Procedure) Act but failing to give effect to that finding in the effective ratio between the parole and non-parole periods.' 'Whether the effective aggregate non-parole period was justified by the objective seriousness of the offences.']

Ratio Decidendi

The sentencing judge did not err: he imposed the effective aggregate sentence and non-parole period he intended, expressly limiting the effect of special circumstances because the aggregate non-parole period had to reflect the objective seriousness of the offences. The individual and cumulative sentences were within discretion and well justified by the serious objective circumstances, including after the discount for early guilty pleas.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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