Regina v GKW [2002] NSWCCA 130

Regina v GKW [2002] NSWCCA 130

Although the applicant criticised the structuring of the sentences, the sentencing judge gave detailed consideration to the objective seriousness of the offences, the applicant's subjective circumstances, the guilty pleas, rehabilitation, deterrence and the principles in Pearce. The Court was not persuaded that there was a proper basis to form the opinion required by s6(3) of the Criminal Appeal Act that some other sentence was warranted in law and should have been passed, so leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
25 March 2002
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Application for leave granted. Appeal dismissed.
Legal Topics
['aggravated Indecent Assault' 'sentence Appeal' 'totality' 'concurrency and Accumulation' 'non Parole Period' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'sentence Appeal' 'totality' 'concurrency and Accumulation' 'non Parole Period' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge failed properly to apply the principles in Pearce v The Queen (1998) 194 CLR 610 when structuring concurrent and accumulated sentences for multiple offences.' 'Whether some other sentence was warranted in law and should have been passed under s6(3) of the Criminal Appeal Act.']

Ratio Decidendi

Although the applicant criticised the structuring of the sentences, the sentencing judge gave detailed consideration to the objective seriousness of the offences, the applicant's subjective circumstances, the guilty pleas, rehabilitation, deterrence and the principles in Pearce. The Court was not persuaded that there was a proper basis to form the opinion required by s6(3) of the Criminal Appeal Act that some other sentence was warranted in law and should have been passed, so leave was granted but the appeal was dismissed.

Court Disposition

Application for leave granted. Appeal dismissed.

Orders

  • ['Application for leave granted.' 'Appeal dismissed.']