Cornish v R [2024] NSWCCA 177
The sentencing judge gave adequate effect to Bugmy principles in reducing moral culpability, did not err in the assessment of objective seriousness, and the sentence imposed was not manifestly excessive; the applicant failed to demonstrate any House v King error justifying appellate intervention.
- Parties
- Applicant: Jarrod Alan Cornish; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 27 September 2024
- Procedural Posture
- Criminal Appeal / Sentence Appeal; Judgment on Leave and Merit
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Appeal Against Sentence, Sexual Offences, Intimate Partner Violence, Objective Seriousness, Form 1 Offences, Moral Culpability, Mental Health in Sentencing, Bugmy Principles
Case Brief
Summary, issues, holding and outcome
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Parties
Jarrod Alan Cornish
Applicant
Crown
Respondent
Procedural Posture
Criminal Appeal / Sentence Appeal; Judgment on Leave and Merit
Legal Issues
- 1 Whether sentencing judge failed to give full effect to Bugmy factors in reducing moral culpability
- 2 Whether sentencing judge erred in the assessment of the objective seriousness of sexual offences (counts 4 and 8)
- 3 Whether the aggregate sentence imposed was manifestly excessive
Ratio Decidendi
The sentencing judge gave adequate effect to Bugmy principles in reducing moral culpability, did not err in the assessment of objective seriousness, and the sentence imposed was not manifestly excessive; the applicant failed to demonstrate any House v King error justifying appellate intervention.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Grant leave to appeal.
- Dismiss the appeal.
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