Edmonds v R [2022] NSWCCA 103

Edmonds v R [2022] NSWCCA 103

The applicant was denied procedural fairness in respect of the sentencing judge's findings on her subjective case; the offences were not above the mid-range category of seriousness; and, having regard to the evidence, the Court resentenced the applicant with special circumstances allowed, imposing a sentence of 3 years with a non-parole period of 2 years for each count, with sentences running concurrently.

Jurisdiction
Australia
Judgment Date
25 May 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed, sentences quashed, applicant resentenced.
Legal Topics
['appeal Against Sentence' 'perverting the Course of Justice' 'procedural Fairness' 'sentencing' 'objective Seriousness' 'remorse' 'rehabilitation' 'mitigation' 'cumulation of Sentences']
['criminal Law'] ['appeal Against Sentence' 'perverting the Course of Justice' 'procedural Fairness' 'sentencing' 'objective Seriousness' 'remorse' 'rehabilitation' 'mitigation' 'cumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the applicant was denied procedural fairness in respect of findings regarding her subjective case' 'Whether the assessment of the objective seriousness of the offences was erroneous' 'Whether the aggregate sentence imposed was manifestly excessive']

Ratio Decidendi

The applicant was denied procedural fairness in respect of the sentencing judge's findings on her subjective case; the offences were not above the mid-range category of seriousness; and, having regard to the evidence, the Court resentenced the applicant with special circumstances allowed, imposing a sentence of 3 years with a non-parole period of 2 years for each count, with sentences running concurrently.

Court Disposition

Appeal allowed, sentences quashed, applicant resentenced.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Quash the sentences imposed in the District Court on 6 November 2020 by his Honour Judge Colefax SC.' 'In lieu thereof, sentence the applicant to imprisonment for a non-parole period of 2 years commencing on 6 April 2020 and concluding on 5 April 2022 with a balance of...