REGINA v Graham WILLIAMS [2002] NSWCCA 458

REGINA v Graham WILLIAMS [2002] NSWCCA 458

The sentence of three years and nine months imprisonment with a non-parole period of two years for count 1 was within the range of the sentencing judge's discretion. The offence involved licking the vagina of a fifteen-year-old complainant during a massage, a serious breach of trust and significant interference with bodily integrity, and the sentencing judge had taken account of the applicant's subjective circumstances and the discount for early pleas.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Offences' 'aggravated Sexual Intercourse Without Consent' 'indecent Assault' 'appeal Against Severity of Sentence' 'breach of Trust']
['criminal Law' 'sentencing'] ['sexual Offences' 'aggravated Sexual Intercourse Without Consent' 'indecent Assault' 'appeal Against Severity of Sentence' 'breach of Trust']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be permitted to go behind a notice of abandonment of his application for leave to appeal.' 'Whether the sentence imposed on count 1 for aggravated sexual intercourse without consent was excessive having regard to the brief and superficial nature alleged by the applicant.' 'Whether the sentencing judge erred in assessing the objective seriousness of count 1.']

Ratio Decidendi

The sentence of three years and nine months imprisonment with a non-parole period of two years for count 1 was within the range of the sentencing judge's discretion. The offence involved licking the vagina of a fifteen-year-old complainant during a massage, a serious breach of trust and significant interference with bodily integrity, and the sentencing judge had taken account of the applicant's subjective circumstances and the discount for early pleas.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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