Ivimy v R [2008] NSWCCA 25
The sentencing judge did not err by applying abuse of position of trust as an aggravating factor where it was not pleaded as an element of the offence. The sentencing remarks were adequate and the sentences imposed were not manifestly excessive given the circumstances and applicant's history.
- Parties
- Applicant: James Percy Ivimy; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 19 February 2008
- Procedural Posture
- Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal and Substantive Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Sentencing, Aggravated Indecent Assault, Double Counting, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Percy Ivimy
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal and Substantive Appeal
Legal Issues
- 1 Whether the sentencing judge erred by finding abuse of a position of trust as an aggravating factor when it may be an element of the offence
- 2 Whether the judge erred by insufficiently explaining the application of aggravating factors
- 3 Whether sentences for counts 6 and 12 are manifestly excessive
Ratio Decidendi
The sentencing judge did not err by applying abuse of position of trust as an aggravating factor where it was not pleaded as an element of the offence. The sentencing remarks were adequate and the sentences imposed were not manifestly excessive given the circumstances and applicant's history.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Leave to appeal against sentence granted.
- Appeal dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment