Ingham v R [2014] NSWCCA 123

Ingham v R [2014] NSWCCA 123

The appeal is allowed as the sentencing judge's prescriptive approach to standard non-parole periods constituted Muldrock error. After considering the objective seriousness of the offences, appellant's subjective circumstances, and relevant legislative guidance, a lesser sentence is warranted. Partial accumulation of sentences and adjustment of individual non-parole periods results in a total effective term of imprisonment of 17 years.

Jurisdiction
Australia
Judgment Date
10 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentences quashed and reimposed
Legal Topics
['appeal Against Sentence' 'sexual Offences Against Children' 'muldrock Error' 'sentencing Principles' 'resentencing' 'standard Non Parole Period' 'objective Seriousness' 'special Circumstances' 'post Offence Conduct' 'custodial Conditions']
['criminal Law'] ['appeal Against Sentence' 'sexual Offences Against Children' 'muldrock Error' 'sentencing Principles' 'resentencing' 'standard Non Parole Period' 'objective Seriousness' 'special Circumstances' 'post Offence Conduct' 'custodial Conditions']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in approach to standard non-parole period under principles identified in Muldrock v The Queen' 'Whether a lesser sentence is warranted at law following identification of Muldrock error' 'Appropriate sentencing practices for multiple sexual offences against children under 10']

Ratio Decidendi

The appeal is allowed as the sentencing judge's prescriptive approach to standard non-parole periods constituted Muldrock error. After considering the objective seriousness of the offences, appellant's subjective circumstances, and relevant legislative guidance, a lesser sentence is warranted. Partial accumulation of sentences and adjustment of individual non-parole periods results in a total effective term of imprisonment of 17 years.

Court Disposition

Appeal allowed; sentences quashed and reimposed

Orders

  • ['Allow the appeal.' 'The sentences imposed in the District Court on 19 September 2008 are quashed.' 'In lieu, specified sentences are imposed for each count, recalculating non-parole periods and terms.' 'Total effective term of imprisonment is 17 years commencing on 20 October 2006, with a non-parole period of 13...