Corby v R [2010] NSWCCA 146

Corby v R [2010] NSWCCA 146

The sentencing judge erred by failing to adequately assess and give reasons for the objective seriousness of the offences and by not applying the proportionality principle and principles relating to multiple offences. These errors materially affected the sentencing discretion; thus, lesser sentences were warranted in the exercise of the appellate court’s discretion.

Jurisdiction
Australia
Judgment Date
14 July 2010
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal allowed; sentences quashed; applicant resentenced to lesser terms on all counts
Legal Topics
['sentencing' 'indecent Assault' 'acts of Indecency' 'objective Seriousness' 'proportionality' 'manifest Excess' 'standard Non Parole Periods']
['criminal Law'] ['sentencing' 'indecent Assault' 'acts of Indecency' 'objective Seriousness' 'proportionality' 'manifest Excess' 'standard Non Parole Periods']

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Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to adequately assess the objective seriousness of the offences under s.61M(2) and s.61N(1) Crimes Act 1900' 'Whether the sentencing judge properly considered the principle of proportionality' 'Whether the sentences for the s.61N(1) offences were manifestly excessive']

Ratio Decidendi

The sentencing judge erred by failing to adequately assess and give reasons for the objective seriousness of the offences and by not applying the proportionality principle and principles relating to multiple offences. These errors materially affected the sentencing discretion; thus, lesser sentences were warranted in the exercise of the appellate court’s discretion.

Court Disposition

leave to appeal granted; appeal allowed; sentences quashed; applicant resentenced to lesser terms on all counts

Orders

  • ['Leave to appeal against the sentences imposed at Dubbo District Court on 25 September 2009 is granted.' 'Appeal allowed and sentences quashed.' 'For the s.61N(1) offence on 26 January 2009, applicant sentenced to three months imprisonment (10 March 2009 to 9 June 2009).' 'For the s.61N(1) offence on 27 January...