EG v R [2015] NSWCCA 21

EG v R [2015] NSWCCA 21

The sentence imposed by the District Court was manifestly excessive given the unique and unusual circumstances: brief, isolated offending at the low end of seriousness; lack of premeditation and sexual motivation; applicant's mental disorder; and excessive weight given to the Victim Impact Statement for unsupported harm. The sentencing discretion miscarried and required intervention.

Parties
Applicant: EG; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal – Appeal Against Sentence
Outcome
Appeal allowed. Sentence quashed and replaced.
Legal Topics
Sentence Appeal, Aggravated Sexual Intercourse With a Child Under 10, Victim Impact Statement, Manifestly Excessive Sentence, Mental Disability, Assistance to Authorities, Remorse, Deterrence, Denunciation
Criminal Law Sentence Appeal Aggravated Sexual Intercourse With a Child Under 10 Victim Impact Statement Manifestly Excessive Sentence Mental Disability Assistance to Authorities Remorse +2 more

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Parties

EG

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal – Appeal Against Sentence

Legal Issues

  1. 1 Did the sentencing judge give too much weight to the Victim Impact Statement?
  2. 2 Was inadequate weight given to the applicant's assistance to authorities?
  3. 3 Was the sentence manifestly excessive in the circumstances?

Ratio Decidendi

The sentence imposed by the District Court was manifestly excessive given the unique and unusual circumstances: brief, isolated offending at the low end of seriousness; lack of premeditation and sexual motivation; applicant's mental disorder; and excessive weight given to the Victim Impact Statement for unsupported harm. The sentencing discretion miscarried and required intervention.

Court Disposition

Appeal allowed. Sentence quashed and replaced.

Orders

  • The sentence imposed by the District Court on the applicant on 5 March 2014 is quashed.
  • In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 1 year, commencing 5 March 2014 and expiring 4 March 2015, with a balance of term of 1 year expiring 4 March 2016.