R v JS [2000] NSWCCA 38

R v JS [2000] NSWCCA 38

The three-year concurrent sentences were excessive in the unusual circumstances because the indecent conduct involved three isolated incidents rather than a wider pattern of abuse, and the applicant was fifty-three years old with no criminal record and prior good character. The sentences were quashed and replaced with concurrent terms of two years imprisonment.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal allowed. Sentence reduced.
Legal Topics
['manifestly Excessive Sentence' 'aggravated Indecent Assault' 'form 1 Offence' 'plea of Guilty' 'prior Good Character' 'judicial Commission Sentencing Statistics']
['criminal Law' 'sentencing'] ['manifestly Excessive Sentence' 'aggravated Indecent Assault' 'form 1 Offence' 'plea of Guilty' 'prior Good Character' 'judicial Commission Sentencing Statistics']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the concurrent sentences of three years imprisonment for aggravated indecent assault, taking into account a further similar offence on a form 1, were manifestly excessive.']

Ratio Decidendi

The three-year concurrent sentences were excessive in the unusual circumstances because the indecent conduct involved three isolated incidents rather than a wider pattern of abuse, and the applicant was fifty-three years old with no criminal record and prior good character. The sentences were quashed and replaced with concurrent terms of two years imprisonment.

Court Disposition

Leave to appeal granted. Appeal allowed. Sentence reduced.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The sentences passed in the District Court are quashed.' 'On each count in the indictment, and taking into account the matter on the form 1, the applicant is sentenced to concurrent terms of imprisonment of two years, comprising a minimum term of twelve months...