OWENS v R [2008] NSWCCA 155

OWENS v R [2008] NSWCCA 155

It was open to the sentencing judge to be satisfied beyond reasonable doubt that the victim had been assaulted by the applicant in the manner described by the victim, despite absence of confirmatory evidence, and the appeal against sentence is dismissed.

Jurisdiction
Australia
Judgment Date
14 July 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['sentencing' 'findings of Fact' 'detaining for Advantage' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'findings of Fact' 'detaining for Advantage' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in concluding beyond reasonable doubt that the victim had been assaulted by the applicant in the manner described by the victim']

Ratio Decidendi

It was open to the sentencing judge to be satisfied beyond reasonable doubt that the victim had been assaulted by the applicant in the manner described by the victim, despite absence of confirmatory evidence, and the appeal against sentence is dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Grant leave to appeal against sentence' 'Dismiss the appeal against sentence']