Davies v R [2019] NSWCCA 45

Davies v R [2019] NSWCCA 45

The sentencing judge did not err in treating vulnerability as an aggravating factor; did not contravene De Simoni in assessing abuse of authority or trust for non-aggravated offences; applied a justified uniform discount for guilty pleas given facts; indicative and aggregate sentences, though severe, were proportionate to the extended, serious offending and not manifestly excessive.

Parties
Applicant: Grant William Davies; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal From Sentence, Determination of Appeal
Outcome
Extension of time granted; leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Sexual Offences Against Children, Aggravating Factors, Abuse of Trust and Authority, Manifestly Excessive Sentences, Aggregate Sentencing, Discounts for Guilty Pleas
Criminal Law Sentencing Sexual Offences Against Children Aggravating Factors Abuse of Trust and Authority Manifestly Excessive Sentences Aggregate Sentencing Discounts for Guilty Pleas

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Parties

Grant William Davies

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal From Sentence, Determination of Appeal

Legal Issues

  1. 1 Whether sentencing judge erred in treating vulnerability and abuse of authority as aggravating factors
  2. 2 Whether sentencing judge applied the De Simoni principle properly
  3. 3 Whether sentencing judge erred in granting uniform discount for guilty pleas

Ratio Decidendi

The sentencing judge did not err in treating vulnerability as an aggravating factor; did not contravene De Simoni in assessing abuse of authority or trust for non-aggravated offences; applied a justified uniform discount for guilty pleas given facts; indicative and aggregate sentences, though severe, were proportionate to the extended, serious offending and not manifestly excessive.

Court Disposition

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

Orders

  • Extend time for filing the application for leave to appeal.
  • Grant leave to appeal.