Church v R [2012] NSWCCA 149

Church v R [2012] NSWCCA 149

None of the alleged errors were established: the sentencing judge properly considered the objective seriousness of the offence, including its effect on the justice system; there was no failure to consider extra-curial punishment or the applicant's psychological state; specific deterrence could be considered even with low risk of reoffending; and the sentence imposed was stern but not manifestly excessive.

Parties
Applicant: Leanne Tracey Church; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Criminal / Sentence Appeal (court of Criminal Appeal, Nsw)
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Perverting the Course of Justice by Omission, Appeal Against Sentence, Sentencing Principles, Manifestly Excessive Sentence, Extra Curial Punishment, Specific Deterrence
Criminal Law Perverting the Course of Justice by Omission Appeal Against Sentence Sentencing Principles Manifestly Excessive Sentence Extra Curial Punishment Specific Deterrence

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Parties

Leanne Tracey Church

Applicant

Regina

Respondent

Procedural Posture

Criminal / Sentence Appeal (court of Criminal Appeal, Nsw)

Legal Issues

  1. 1 Whether the sentencing judge erred in forming an opinion as to the sentence which ought to have been imposed for the original offence in the Local Court
  2. 2 Whether there was a failure to take into account extra-curial punishment due to media attention
  3. 3 Whether the applicant's depressive illness was adequately considered

Ratio Decidendi

None of the alleged errors were established: the sentencing judge properly considered the objective seriousness of the offence, including its effect on the justice system; there was no failure to consider extra-curial punishment or the applicant's psychological state; specific deterrence could be considered even with low risk of reoffending; and the sentence imposed was stern but not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.