GSH v R ; R v GSH [2009] NSWCCA 214

GSH v R ; R v GSH [2009] NSWCCA 214

The appeal against conviction was dismissed because it was open to the jury, upon the whole of the evidence, to be satisfied beyond reasonable doubt of the appellant's guilt despite inconsistencies. The Crown appeal against sentence was allowed because errors were identified in the calculation of the standard non parole period and the imposition of a fixed term, resulting in manifestly inadequate sentences given the objective gravity of the offences.

Parties
Appellant: GSH; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence
Outcome
Appeal against conviction dismissed; Crown appeal against sentence allowed
Legal Topics
Aggravated Indecent Assault, Conviction Appeal, Crown Appeal Against Sentence, Manifest Inadequacy, Non Parole Period, Fixed Term Sentencing, Objective Gravity of Offence, Child Sexual Assault
Criminal Law Aggravated Indecent Assault Conviction Appeal Crown Appeal Against Sentence Manifest Inadequacy Non Parole Period Fixed Term Sentencing Objective Gravity of Offence +1 more

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Parties

GSH

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether verdicts are unreasonable and cannot be supported by evidence
  2. 2 Whether inconsistencies in complainant's accounts give rise to reasonable doubt
  3. 3 Whether error occurred in length of standard non parole period

Ratio Decidendi

The appeal against conviction was dismissed because it was open to the jury, upon the whole of the evidence, to be satisfied beyond reasonable doubt of the appellant's guilt despite inconsistencies. The Crown appeal against sentence was allowed because errors were identified in the calculation of the standard non parole period and the imposition of a fixed term, resulting in manifestly inadequate sentences given the objective gravity of the offences.

Court Disposition

Appeal against conviction dismissed; Crown appeal against sentence allowed

Orders

  • Dismiss the appeal against conviction
  • Allow the Crown appeal against sentence