R v EGC [2005] NSWCCA 392

R v EGC [2005] NSWCCA 392

The passage of over 16 years between the commission of the offences and sentence constituted special circumstances justifying a variation of the statutory ratio, and the sentences on Counts 1, 2, and 3 were quashed and new sentences imposed with adjusted non-parole periods. The delay did not of itself mitigate sentence except where special circumstances justified variation.

Jurisdiction
Australia
Judgment Date
21 November 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentence Appeal Decision
Outcome
Leave to appeal granted; appeal allowed in part
Legal Topics
['child Sexual Assault' 'sentencing' 'delay Between Offence and Prosecution' 'rehabilitation']
['criminal Law'] ['child Sexual Assault' 'sentencing' 'delay Between Offence and Prosecution' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Sentence Appeal Decision

Legal Issues

  1. 1 ['Whether delay between the commission of the offences and prosecution should mitigate sentence' 'Whether loss of opportunity to complete pre-trial diversion program should reduce sentence' 'Whether sufficient weight was placed on rehabilitation efforts' 'Whether sentencing practices at the time of the offences were considered']

Ratio Decidendi

The passage of over 16 years between the commission of the offences and sentence constituted special circumstances justifying a variation of the statutory ratio, and the sentences on Counts 1, 2, and 3 were quashed and new sentences imposed with adjusted non-parole periods. The delay did not of itself mitigate sentence except where special circumstances justified variation.

Court Disposition

Leave to appeal granted; appeal allowed in part

Orders

  • ['Quash the sentences imposed on Counts 1 and 2' 'On Counts 1 and 2, impose a non-parole period of 2 years from 17 September 2005 expiring 16 September 2007, balance of term 2 years expiring 16 September 2009' 'Quash the sentence imposed on Count 3' 'On Count 3, impose a non-parole period of 2 years from 17...