G A T v R [2007] NSWCCA 208

G A T v R [2007] NSWCCA 208

The sentencing judge erred by failing to properly structure sentences to reflect the utilitarian discount for the early plea of guilty and by not giving sufficient effect to special circumstances and the totality principle; the overall sentence was manifestly excessive and the approach to the standard minimum non-parole period was flawed, requiring re-sentencing.

Jurisdiction
Australia
Judgment Date
17 July 2007
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Sentencing Appeal
Outcome
Leave to appeal granted; sentences on charges 3, 4, and 6 quashed or varied; overall sentence reduced.
Legal Topics
['sentencing' 'sexual Offences' 'utilitarian Discount' 'standard Minimum Non Parole Period' 'totality Principle']
['criminal Law'] ['sentencing' 'sexual Offences' 'utilitarian Discount' 'standard Minimum Non Parole Period' 'totality Principle']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Sentencing Appeal

Legal Issues

  1. 1 ['Whether sentencing judge erred in structuring sentences with regard to utilitarian discount and totality' 'Whether sufficient effect was given to special circumstances and starting points' 'Whether sentence imposed was manifestly excessive' 'Proper approach to standard minimum non-parole period']

Ratio Decidendi

The sentencing judge erred by failing to properly structure sentences to reflect the utilitarian discount for the early plea of guilty and by not giving sufficient effect to special circumstances and the totality principle; the overall sentence was manifestly excessive and the approach to the standard minimum non-parole period was flawed, requiring re-sentencing.

Court Disposition

Leave to appeal granted; sentences on charges 3, 4, and 6 quashed or varied; overall sentence reduced.

Orders

  • ['Leave to appeal is granted.' 'The sentence imposed on charge 3 is quashed and substituted with a non-parole period of one year and six months commencing 24 May 2008 and ending 23 November 2009, balance of term of one year and one month commencing 24 November 2009 and concluding 23 December 2010.' 'As to charge 4,...