McCartney v R [2009] NSWCCA 244

McCartney v R [2009] NSWCCA 244

The sentence imposed was within the lowest echelon for this offence and no lesser sentence was warranted, even after granting leave to appeal. The sentencing judge properly assessed seriousness, considered intoxication, gave appropriate weight to the victim impact statement, and general deterrence was a strong but not overriding consideration. No error justifying interference was established.

Jurisdiction
Australia
Judgment Date
16 September 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sexual Intercourse Without Consent' 'sentencing' 'victim Impact Statements' 'general Deterrence']
['criminal Law'] ['sexual Intercourse Without Consent' 'sentencing' 'victim Impact Statements' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determination

Legal Issues

  1. 1 ['Whether the full-time custodial sentence imposed was manifestly excessive' 'Whether the sentencing judge erred in assessment of sentence seriousness' 'Whether the sentencing judge erred regarding intoxication as a mitigating factor' "Whether excessive weight was placed on the victim's impact statement" 'Whether general deterrence was overemphasised']

Ratio Decidendi

The sentence imposed was within the lowest echelon for this offence and no lesser sentence was warranted, even after granting leave to appeal. The sentencing judge properly assessed seriousness, considered intoxication, gave appropriate weight to the victim impact statement, and general deterrence was a strong but not overriding consideration. No error justifying interference was established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']