Green v R [2008] NSWCCA 112

Green v R [2008] NSWCCA 112

The Applicant did not demonstrate error in the sentencing judge's approach. The offences were serious child sexual offences committed over a period of months against a 12-year old girl, involved grooming and a gross breach of trust arising from the Applicant's church role, and required sentences reflecting objective seriousness and general deterrence. The sentencing judge took account of the Applicant's age, ill health, prior good character and other subjective factors, and the sentences were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['aggravated Sexual Intercourse Without Consent' 'aggravated Indecent Assault' 'child Sexual Offences' 'breach of Trust' 'manifest Excess' 'general Deterrence']
['criminal Law' 'sentencing'] ['aggravated Sexual Intercourse Without Consent' 'aggravated Indecent Assault' 'child Sexual Offences' 'breach of Trust' 'manifest Excess' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for three counts of aggravated sexual intercourse without consent and one count of aggravated indecent assault were manifestly excessive.' "Whether the sentencing judge gave insufficient weight to the Applicant's subjective circumstances, including age, health and prior good character." 'Whether the sentencing judge gave undue weight to general deterrence.' 'Whether the sentencing judge erred by referring to sentencing statistics for offences committed prior to February 2003.']

Ratio Decidendi

The Applicant did not demonstrate error in the sentencing judge's approach. The offences were serious child sexual offences committed over a period of months against a 12-year old girl, involved grooming and a gross breach of trust arising from the Applicant's church role, and required sentences reflecting objective seriousness and general deterrence. The sentencing judge took account of the Applicant's age, ill health, prior good character and other subjective factors, and the sentences were not manifestly excessive.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

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