R v GWM [2005] NSWCCA 101

R v GWM [2005] NSWCCA 101

The sentence imposed in respect of the offence in the first count was manifestly excessive in combination with the partly cumulative sentence. The relevant offences constituted a continuing episode and should be sentenced concurrently, applying the principle of totality. The Court intervened to order concurrent sentences, reducing the effective sentence.

Parties
Respondent: Regina; Applicant: GWM
Jurisdiction
Australia
Judgment Date
30 March 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed in part; sentence quashed and re-sentenced
Legal Topics
Sentencing, Sexual Offences, Appeals, Totality Principle
Criminal Law Sentencing Sexual Offences Appeals Totality Principle

Case Brief

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Parties

Regina

Respondent

GWM

Applicant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether there was error in ordering the sentences partly cumulative
  3. 3 Whether improper aggravating circumstances were considered

Ratio Decidendi

The sentence imposed in respect of the offence in the first count was manifestly excessive in combination with the partly cumulative sentence. The relevant offences constituted a continuing episode and should be sentenced concurrently, applying the principle of totality. The Court intervened to order concurrent sentences, reducing the effective sentence.

Court Disposition

Leave to appeal granted; appeal allowed in part; sentence quashed and re-sentenced

Orders

  • Leave to appeal granted
  • Appeal allowed, limited to sentence on first count