FAM v R [2008] NSWCCA 167

FAM v R [2008] NSWCCA 167

The District Court sentence contained a miscalculation of release and expiry dates; the offences justified full-time imprisonment, and there was no error in the judge's approach to the Form 1 offence or sentencing principles. Correction of dates was required but otherwise the sentence was appropriate.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; sentence quashed; re-sentenced with corrected dates; other orders confirmed.
Legal Topics
['appeal Against Sentence' 'aggravated Indecent Assault' 'possession of Child Pornography' 'manifestly Excessive Sentence']
['criminal Law'] ['appeal Against Sentence' 'aggravated Indecent Assault' 'possession of Child Pornography' 'manifestly Excessive Sentence']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Appropriate approach to Form 1 offences under s 33 Crimes (Sentencing Procedure) Act 1999' 'Correct application of sentencing principles for aggravated indecent assault and child pornography']

Ratio Decidendi

The District Court sentence contained a miscalculation of release and expiry dates; the offences justified full-time imprisonment, and there was no error in the judge's approach to the Form 1 offence or sentencing principles. Correction of dates was required but otherwise the sentence was appropriate.

Court Disposition

Leave to appeal granted; sentence quashed; re-sentenced with corrected dates; other orders confirmed.

Orders

  • ['Leave to appeal be granted.' 'The sentence imposed in the District Court be quashed.' 'In lieu thereof the applicant is sentenced to a non-parole period of 18 months commencing on 1 June 2007. He is to be released to parole on 30 November 2008, the total term to expire on 30 November 2009.' 'The orders otherwise...