LG v R [2012] NSWCCA 249

LG v R [2012] NSWCCA 249

Although the offences were part of one overall event, each involved separate criminality of varying degrees of significance. The sentencing judge was required to sentence for each separate act and then structure the sentences to reflect the total criminality. The partial accumulation imposed, resulting in 18 months accumulation, was open to the sentencing judge and the sentencing discretion did not miscarry; the total sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
30 November 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Filed Out of Time
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['cumulative Sentences' 'totality' 'manifest Excess' 'sexual Offences Against a Child' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['cumulative Sentences' 'totality' 'manifest Excess' 'sexual Offences Against a Child' 'standard Non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Filed Out of Time

Legal Issues

  1. 1 ['Whether the sentencing judge erred by imposing cumulative sentences in relation to each offence.' 'Whether the overall sentence imposed was manifestly excessive.']

Ratio Decidendi

Although the offences were part of one overall event, each involved separate criminality of varying degrees of significance. The sentencing judge was required to sentence for each separate act and then structure the sentences to reflect the total criminality. The partial accumulation imposed, resulting in 18 months accumulation, was open to the sentencing judge and the sentencing discretion did not miscarry; the total sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']