Soyke v R [2016] NSWCCA 112

Soyke v R [2016] NSWCCA 112

The reports were not admissible because Dr Butler's report was new evidence available at sentence and obtainable with reasonable diligence, while Ms Robilliard's report, although created after sentence, concerned evidence that could have been obtained with reasonable diligence and in any event was unlikely to have affected the sentence. The sentencing judge did not err in treating the offending as serious: the offences involved sustained and repeated unauthorised intrusions and attempts against numerous victims, impairment of system security, potential access to confidential and personal information, communication with other hackers and substantial risk of harm, notwithstanding the...

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Application for Leave to Appeal and Appeal Against Sentence; Notice of Motion to Rely on Expert Reports on Appeal / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court of NSW on 15 October 2015
Outcome
Notice of motion dismissed; leave to appeal granted; appeal dismissed.
Legal Topics
['computer Offences' 'unauthorised Access and Modification of Computer Data' 'fresh Evidence and New Evidence on Sentence Appeal' 'objective Seriousness' 'manifest Excess' 'general Deterrence' 'federal Offences Taken Into Account Under S 16 Ba']
['criminal Law' 'sentencing' 'criminal Appeals'] ['computer Offences' 'unauthorised Access and Modification of Computer Data' 'fresh Evidence and New Evidence on Sentence Appeal' 'objective Seriousness' 'manifest Excess' 'general Deterrence' 'federal Offences Taken Into Account Under S 16 Ba']

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Procedural Posture

Application for Leave to Appeal and Appeal Against Sentence; Notice of Motion to Rely on Expert Reports on Appeal / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court of NSW on 15 October 2015

Legal Issues

  1. 1 ["Whether expert reports concerning the applicant's mental health and alleged internet gaming disorder were admissible on appeal." 'Whether the sentencing judge erred in assessing the offences as serious.' 'Whether the sentence of 3 years imprisonment was manifestly excessive.']

Ratio Decidendi

The reports were not admissible because Dr Butler's report was new evidence available at sentence and obtainable with reasonable diligence, while Ms Robilliard's report, although created after sentence, concerned evidence that could have been obtained with reasonable diligence and in any event was unlikely to have affected the sentence. The sentencing judge did not err in treating the offending as serious: the offences involved sustained and repeated unauthorised intrusions and attempts against numerous victims, impairment of system security, potential access to confidential and personal information, communication with other hackers and substantial risk of harm, notwithstanding the...

Court Disposition

Notice of motion dismissed; leave to appeal granted; appeal dismissed.

Orders

  • ['Notice of motion dismissed.' 'Leave to appeal granted.' 'Appeal dismissed.']