Lee v Regina [2016] NSWCCA 66

Lee v Regina [2016] NSWCCA 66

The findings that the offending was systematic and calculated and that each offence was a serious mid-range example of sexual intercourse without consent were open on the facts, including the repeated pattern of targeting extremely intoxicated young men and the vulnerability, degradation and humiliation of the victims. The sentencing judge was not required to accept the low-risk opinions and made no positive finding that the applicant was likely to reoffend. Although the aggregate sentence was stern and the indicative sentences were near the top of the statistical range, the maximum penalty, standard non-parole period, absence of a guilty plea, prior record depriving leniency, and lack of...

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sexual Intercourse Without Consent' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence' 'standard Non Parole Period' 'risk of Re Offending' 'rehabilitation']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence' 'standard Non Parole Period' 'risk of Re Offending' 'rehabilitation']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding a systematic exploitation of intoxicated young men and describing the offending as on the prowl, systematic and calculated.' 'Whether the sentencing judge erred in finding the offences were serious examples of offences contrary to s 61I of the Crimes Act 1900 (NSW) and in the mid-range of objective seriousness.' "Whether the sentencing judge gave insufficient weight to the applicant's risk of re-offending, character, remorse and prospects of rehabilitation." 'Whether the aggregate sentence was manifestly excessive.']

Ratio Decidendi

The findings that the offending was systematic and calculated and that each offence was a serious mid-range example of sexual intercourse without consent were open on the facts, including the repeated pattern of targeting extremely intoxicated young men and the vulnerability, degradation and humiliation of the victims. The sentencing judge was not required to accept the low-risk opinions and made no positive finding that the applicant was likely to reoffend. Although the aggregate sentence was stern and the indicative sentences were near the top of the statistical range, the maximum penalty, standard non-parole period, absence of a guilty plea, prior record depriving leniency, and lack of...

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']