Facer (a pseudonym) v R [2019] NSWCCA 180

Facer (a pseudonym) v R [2019] NSWCCA 180

The aggregate sentence of 21 years with a non-parole period of 15 years and 9 months was manifestly excessive having regard to statistics, comparable cases, and positive subjective features including remorse, asset transfer, low risk of reoffending, and prospects for rehabilitation. The applicant should be resentenced to an aggregate sentence of 16½ years imprisonment with a non-parole period of 12 years and 4 months, commencing 14 July 2015.

Parties
Applicant: Facer (a pseudonym); Respondent: Crown
Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted (confined to ground 2); appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
Appeal Against Sentence, Sexual Offences Against Minors, Manifestly Excessive Sentencing, Special Circumstances, Comparison of Sentences, General Deterrence, Aggravated Sexual Intercourse, Aggregate Sentencing
Criminal Law Appeal Against Sentence Sexual Offences Against Minors Manifestly Excessive Sentencing Special Circumstances Comparison of Sentences General Deterrence Aggravated Sexual Intercourse +1 more

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Parties

Facer (a pseudonym)

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether failure to make finding of special circumstances disclosed error
  2. 2 Whether sentence was manifestly excessive
  3. 3 Appropriate aggregate sentence for sexual offences against child

Ratio Decidendi

The aggregate sentence of 21 years with a non-parole period of 15 years and 9 months was manifestly excessive having regard to statistics, comparable cases, and positive subjective features including remorse, asset transfer, low risk of reoffending, and prospects for rehabilitation. The applicant should be resentenced to an aggregate sentence of 16½ years imprisonment with a non-parole period of 12 years and 4 months, commencing 14 July 2015.

Court Disposition

Leave to appeal granted (confined to ground 2); appeal allowed; sentence quashed; applicant resentenced.

Orders

  • Grant leave to appeal, confined to ground 2.
  • Appeal allowed.