GG v R [2023] NSWCCA 102

GG v R [2023] NSWCCA 102

The applicant did not establish that the aggregate sentence was unreasonable or plainly unjust. The sentencing judge expressly considered totality, intended significant notional accumulation because the offences involved different victims and separate episodes of very serious criminality, and allowed some concurrency. Although the indicative sentences totalled 28 years and 4 months compared with the 23 year aggregate sentence, the degree of notional accumulation alone did not establish error. Given the grave and prolonged child sexual offending against three victims, Forms 1 offences, significant child abuse material, breach of trust, grooming, limited mitigating findings, late guilty...

Jurisdiction
Australia
Judgment Date
10 May 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Aggregate Sentence From the District Court; Appeal Determined by the Court of Criminal Appeal
Outcome
Extension of time granted, leave to appeal granted, appeal dismissed.
Legal Topics
['manifest Excess' 'aggregate Sentence' 'totality Principle' 'child Sexual Assault Offences' 'child Abuse Material' 'extension of Time' 'leave to Appeal']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Excess' 'aggregate Sentence' 'totality Principle' 'child Sexual Assault Offences' 'child Abuse Material' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Aggregate Sentence From the District Court; Appeal Determined by the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether an extension of time to bring the appeal should be granted.' 'Whether leave to appeal against sentence should be granted.' 'Whether the aggregate sentence of 23 years imprisonment with a non-parole period of 15 years and 4 months was manifestly excessive.' 'Whether the sentencing judge misapplied the totality principle by allowing an erroneously high degree of notional accumulation between indicative sentences.']

Ratio Decidendi

The applicant did not establish that the aggregate sentence was unreasonable or plainly unjust. The sentencing judge expressly considered totality, intended significant notional accumulation because the offences involved different victims and separate episodes of very serious criminality, and allowed some concurrency. Although the indicative sentences totalled 28 years and 4 months compared with the 23 year aggregate sentence, the degree of notional accumulation alone did not establish error. Given the grave and prolonged child sexual offending against three victims, Forms 1 offences, significant child abuse material, breach of trust, grooming, limited mitigating findings, late guilty...

Court Disposition

Extension of time granted, leave to appeal granted, appeal dismissed.

Orders

  • ['An extension of time to bring this appeal is granted.' 'Leave to appeal is granted.' 'The appeal is dismissed.']