GL v R [2022] NSWCCA 202

GL v R [2022] NSWCCA 202

Although a material error was established regarding application of the standard non-parole period for certain counts, the court determined that no lesser sentence was warranted upon resentencing. The original approach of the sentencing judge regarding all challenged aspects, including assessment of seriousness, discount for plea, concurrency of sentences, and premeditation, were found open on the evidence and within discretion.

Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Sentence Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
Appeal dismissed.
Legal Topics
['sentencing' 'child Sexual Offences' 'standard Non Parole Period' 'appeals' 'aggravating Circumstances' 'discount for Guilty Plea' 'totality Principle' 'statutory Interpretation']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'standard Non Parole Period' 'appeals' 'aggravating Circumstances' 'discount for Guilty Plea' 'totality Principle' 'statutory Interpretation']

Case Brief

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by considering certain conduct as an aggravating factor.' 'Whether the sentencing judge erred in treating failure to confess as lack of remorse or insight.' "Whether the finding of 'calculated premeditation' was open on the evidence." 'Whether the assessment of objective seriousness for count 3 was in error.' 'Whether wholly concurrent sentences were appropriate for certain counts.' 'Whether the discount for the plea of guilty was appropriately determined.' 'Whether the correct standard non-parole period was applied to counts 2 and 3.']

Ratio Decidendi

Although a material error was established regarding application of the standard non-parole period for certain counts, the court determined that no lesser sentence was warranted upon resentencing. The original approach of the sentencing judge regarding all challenged aspects, including assessment of seriousness, discount for plea, concurrency of sentences, and premeditation, were found open on the evidence and within discretion.

Court Disposition

Appeal dismissed.

Orders

  • ['Extend time in which to seek leave to appeal.' 'Grant leave to appeal against sentence.' 'Dismiss appeal.']