Regina v Barry William John Rodgers [1999] NSWCCA 260

Regina v Barry William John Rodgers [1999] NSWCCA 260

The original sentence for count eleven was excessive due to failure to properly consider pre-sentence custody in New Zealand, the applicant's age, and special circumstances relevant to rehabilitation; the total effective sentence should be reduced to reflect these matters.

Parties
Crown: Regina; Applicant/appellant: Barry William John Rodgers
Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
Appeal allowed, sentence for count eleven quashed and re-sentenced.
Legal Topics
Indecent Assault, Sentencing, Totality Principle, Special Circumstances
Criminal Law Indecent Assault Sentencing Totality Principle Special Circumstances

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Parties

Regina

Crown

Barry William John Rodgers

Applicant/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether sentence imposed for count eleven was manifestly excessive
  2. 2 Whether totality principle and special circumstances were properly considered
  3. 3 Effect of pre-sentence custody in New Zealand on sentencing

Ratio Decidendi

The original sentence for count eleven was excessive due to failure to properly consider pre-sentence custody in New Zealand, the applicant's age, and special circumstances relevant to rehabilitation; the total effective sentence should be reduced to reflect these matters.

Court Disposition

Appeal allowed, sentence for count eleven quashed and re-sentenced.

Orders

  • Leave to appeal granted.
  • Appeal allowed in respect of sentence imposed for count eleven.