Eacott (a pseudonym) v R [2019] NSWCCA 158

Eacott (a pseudonym) v R [2019] NSWCCA 158

The sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months was not manifestly excessive. Although the offending was assessed as below the mid-range and the applicant had a very strong subjective case, the offending involved persistent sexual abuse of his young daughter on numerous or countless occasions over four years in her home, and neither the sentencing reasons nor the sentence imposed revealed or implied error.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['persistent Sexual Abuse of a Child' 'manifest Excess' 'objective Seriousness' 'subjective Case' 'non Parole Period' 'special Circumstances']
['crime' 'criminal Appeals' 'sentencing'] ['persistent Sexual Abuse of a Child' 'manifest Excess' 'objective Seriousness' 'subjective Case' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence From the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentence imposed for persistent sexual abuse of a child was manifestly excessive.']

Ratio Decidendi

The sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months was not manifestly excessive. Although the offending was assessed as below the mid-range and the applicant had a very strong subjective case, the offending involved persistent sexual abuse of his young daughter on numerous or countless occasions over four years in her home, and neither the sentencing reasons nor the sentence imposed revealed or implied error.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']