R.V. JCJ [2001] NSWCCA 477

R.V. JCJ [2001] NSWCCA 477

No error by the sentencing judge was detected. The sentence imposed, including the fifty per cent discount for plea of guilty, contrition and assistance, was appropriate given the gravity of the offences and the applicant's circumstances. Leave to appeal is granted, but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Judgment
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'detention for Advantage' 'sexual Intercourse Without Consent in Circumstances of Aggravation']
['criminal Law'] ['sentencing' 'detention for Advantage' 'sexual Intercourse Without Consent in Circumstances of Aggravation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Judgment

Legal Issues

  1. 1 ['Whether sentence imposed was manifestly excessive given applicant’s circumstances' "Whether sentencing judge erred in assessing applicant's contrition and psychological vulnerability" 'Whether fifty percent discount for plea, contrition, and assistance was appropriate']

Ratio Decidendi

No error by the sentencing judge was detected. The sentence imposed, including the fifty per cent discount for plea of guilty, contrition and assistance, was appropriate given the gravity of the offences and the applicant's circumstances. Leave to appeal is granted, but the appeal is dismissed.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence is granted.' 'Appeal against sentence is dismissed.']