R v KJW [2002] NSWCCA 107

R v KJW [2002] NSWCCA 107

The sentencing judge correctly characterised the offences as objectively very serious, took account of the applicant's subjective circumstances and rehabilitation prospects, allowed a 25 percent discount, and made no error of principle or fact. Rehabilitation was only one sentencing consideration, and the sentences were not shown to be outside the permissible range or manifestly excessive.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Application for Leave to Appeal Against Sentences / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Indecent Assault' 'aggravated Sexual Assault' 'manifest Excess' 'rehabilitation' 'deterrence' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'aggravated Sexual Assault' 'manifest Excess' 'rehabilitation' 'deterrence' 'guilty Plea Discount']

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Procedural Posture

Application for Leave to Appeal Against Sentences / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the sentencing procedure in the District Court.' 'Whether the sentences imposed were manifestly excessive.' "Whether the applicant's rehabilitation and treatment needs warranted a substantial reduction in the sentences."]

Ratio Decidendi

The sentencing judge correctly characterised the offences as objectively very serious, took account of the applicant's subjective circumstances and rehabilitation prospects, allowed a 25 percent discount, and made no error of principle or fact. Rehabilitation was only one sentencing consideration, and the sentences were not shown to be outside the permissible range or manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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