ET v R [2024] NSWCCA 131

ET v R [2024] NSWCCA 131

None of the appeal grounds are made out; the sentencing judge appropriately considered moral culpability (including the applicant's youth and background), remorse, and the facts of the case; the sentence (aggregate and indicative) was within the range; exclusion of new evidence did not lead to miscarriage of justice as it added nothing material or relevant beyond what was before the sentencing judge.

Parties
Applicant: ET; Respondent: The King
Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence (court of Criminal Appeal, Nsw, From District Court)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Aggregate Sentence, Remorse, Manifest Excess, Moral Culpability, New Evidence on Appeal, Sexual Offences Against Minors, Mitigating Factors
Criminal Law Sentencing Aggregate Sentence Remorse Manifest Excess Moral Culpability New Evidence on Appeal Sexual Offences Against Minors +1 more

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Parties

ET

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (court of Criminal Appeal, Nsw, From District Court)

Legal Issues

  1. 1 Whether the sentencing judge gave sufficient consideration to reducing the applicant's moral culpability due to his age at the time of the offences
  2. 2 Whether the sentencing judge failed to find remorse
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

None of the appeal grounds are made out; the sentencing judge appropriately considered moral culpability (including the applicant's youth and background), remorse, and the facts of the case; the sentence (aggregate and indicative) was within the range; exclusion of new evidence did not lead to miscarriage of justice as it added nothing material or relevant beyond what was before the sentencing judge.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal