Campbell v R [2023] NSWCCA 258

Campbell v R [2023] NSWCCA 258

While the sentencing judge erred in finding, based on the Victim Impact Statement alone, that the victim suffered from PTSD, this error did not ultimately result in a lesser sentence being appropriate when the appellate court exercised its independent sentencing discretion. The judge's assessment of the objective seriousness of the ADVO breach and the consideration of harm to the victim otherwise did not disclose error sufficient to disturb the sentence.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence From District Court; Judgment on Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'domestic Violence Offences' 'appeals Against Sentence' 'objective Seriousness' 'victim Impact Statements']
['criminal Law'] ['sentencing' 'domestic Violence Offences' 'appeals Against Sentence' 'objective Seriousness' 'victim Impact Statements']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence From District Court; Judgment on Leave and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the victim had sustained PTSD and other long-term consequences as a result of the offending' 'Whether the sentencing judge erred in finding that the offence of contravening an ADVO was towards the upper end of the range of objective seriousness']

Ratio Decidendi

While the sentencing judge erred in finding, based on the Victim Impact Statement alone, that the victim suffered from PTSD, this error did not ultimately result in a lesser sentence being appropriate when the appellate court exercised its independent sentencing discretion. The judge's assessment of the objective seriousness of the ADVO breach and the consideration of harm to the victim otherwise did not disclose error sufficient to disturb the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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