GRD v R [2009] NSWCCA 149

GRD v R [2009] NSWCCA 149

The original sentences were manifestly excessive when compared to accepted sentencing practices at the time of offending, particularly given the applicant's demonstrated rehabilitation and other mitigating factors, and the ambiguity regarding non-parole periods amounted to appealable error. The appeal was allowed, sentences quashed, and lesser fixed terms substituted to reflect offending conduct, historic sentencing ranges, and findings of special circumstances.

Parties
Applicant: GRD; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Appeal Against Sentence
Outcome
Appeal allowed. Leave to appeal granted. Sentences quashed. New sentences imposed.
Legal Topics
Sentencing, Historical Offences, Indecent Assault on Child, Acts of Indecency, Parole, Manifestly Excessive Sentence
Criminal Law Sentencing Historical Offences Indecent Assault on Child Acts of Indecency Parole Manifestly Excessive Sentence

Case Brief

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Parties

GRD

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive having regard to sentencing practices at the time of offending
  2. 2 Whether the sentencing judge erred in failing to impose non-parole periods in respect of certain counts

Ratio Decidendi

The original sentences were manifestly excessive when compared to accepted sentencing practices at the time of offending, particularly given the applicant's demonstrated rehabilitation and other mitigating factors, and the ambiguity regarding non-parole periods amounted to appealable error. The appeal was allowed, sentences quashed, and lesser fixed terms substituted to reflect offending conduct, historic sentencing ranges, and findings of special circumstances.

Court Disposition

Appeal allowed. Leave to appeal granted. Sentences quashed. New sentences imposed.

Orders

  • Leave to appeal granted
  • Appeal allowed