LA v R [2013] NSWCCA 146
None of the grounds for appeal were made out. The sentencing judge did not improperly elevate the offences to an aggravated form, applied appropriate differentiation and aggregation of sentence, and the aggregate sentence was well within discretion after allowing for the discount for guilty pleas and circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 27 June 2013
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
- Outcome
- Leave to appeal granted, appeal dismissed
- Legal Topics
- ['appeal Against Sentence' 'sexual Offences' 'section 66 C Crimes Act 1900' 'de Simoni Principle' 'manifestly Excessive Sentence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Legal Issues
- 1 ["Whether the sentencing judge offended the De Simoni principle by finding the victim was in the applicant's care" 'Whether sentences for individual counts were appropriately distinguished' 'Whether the aggregate sentence was manifestly excessive']
Ratio Decidendi
None of the grounds for appeal were made out. The sentencing judge did not improperly elevate the offences to an aggravated form, applied appropriate differentiation and aggregation of sentence, and the aggregate sentence was well within discretion after allowing for the discount for guilty pleas and circumstances.
Court Disposition
Leave to appeal granted, appeal dismissed
Orders
- ['Leave to appeal against sentence granted' 'Appeal against sentence dismissed']
Full Case Text
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