Frederick Paval ENRIQUEZ v Regina [2012] NSWCCA 60

Frederick Paval ENRIQUEZ v Regina [2012] NSWCCA 60

The appellant failed to demonstrate error in findings or manifest excess in sentence; the sentencing judge's approach was justified by relevant evidence, legal principles, and comparable authority.

Parties
Applicant: Frederick Paval Enriquez; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 April 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing Appeal, Aggravated Sexual Assault, Mitigation, Character, Manifest Excess
Criminal Law Sentencing Appeal Aggravated Sexual Assault Mitigation Character Manifest Excess

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Parties

Frederick Paval Enriquez

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether sentence was manifestly excessive
  2. 2 Whether findings of fact not based on evidence
  3. 3 Whether applicant was not entitled to mitigation by reason of past record

Ratio Decidendi

The appellant failed to demonstrate error in findings or manifest excess in sentence; the sentencing judge's approach was justified by relevant evidence, legal principles, and comparable authority.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed