Saffin v R [2020] NSWCCA 246

Saffin v R [2020] NSWCCA 246

The sentencing judge correctly found, to the criminal standard, that the applicant was reckless as to absence of consent and there was no inconsistency with the possibility of an unreasonable belief in consent. The evidence of autism spectrum disorder and cognitive deficits did not sufficiently diminish moral culpability or general deterrence beyond a slight reduction. The sentence imposed was appropriate given the objective gravity, implicit concurrency, and accumulation, and was not manifestly excessive.

Parties
Applicant: Edward John Saffin; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 September 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Mental Illness, Autism Spectrum Disorder, Moral Culpability, General Deterrence, Manifestly Excessive Sentence
Criminal Law Sexual Offences Sentencing Mental Illness Autism Spectrum Disorder Moral Culpability General Deterrence Manifestly Excessive Sentence

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Parties

Edward John Saffin

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the applicant was reckless as to absence of consent
  2. 2 Whether the applicant's mental condition (autism spectrum disorder) diminished his moral culpability and significance for general deterrence
  3. 3 Whether the aggregate sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge correctly found, to the criminal standard, that the applicant was reckless as to absence of consent and there was no inconsistency with the possibility of an unreasonable belief in consent. The evidence of autism spectrum disorder and cognitive deficits did not sufficiently diminish moral culpability or general deterrence beyond a slight reduction. The sentence imposed was appropriate given the objective gravity, implicit concurrency, and accumulation, and was not manifestly excessive.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Grant the applicant an extension of time until 28 February 2020 within which to file the application for leave to appeal.
  • Grant the applicant leave to appeal against the aggregate sentence imposed on him by the District Court on 5 May 2017.