Rahman v R [2020] NSWCCA 13

Rahman v R [2020] NSWCCA 13

The sentencing judge did not err by referring to 'in this country' when explaining the legal definition of sexual intercourse, as this was to clarify for the offender and fulfil the duty to provide clear reasons. Further, the sentence imposed was not manifestly excessive; it fell within the permissible range for offences of this kind, having regard to comparable sentencing and the offender's circumstances.

Parties
Applicant: Maksudur Rahman; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Leave Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Sexual Assault, Specific Deterrence, Manifest Excess, Sentencing Reasons, Comparable Sentencing
Criminal Law Appeal Against Sentence Sexual Assault Specific Deterrence Manifest Excess Sentencing Reasons Comparable Sentencing

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Parties

Maksudur Rahman

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Leave Granted; Appeal Dismissed

Legal Issues

  1. 1 Whether the sentencing judge erred in referring to the sexual act constituting sexual intercourse 'in this country'
  2. 2 Whether the sentencing judge erred in approach to specific deterrence
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge did not err by referring to 'in this country' when explaining the legal definition of sexual intercourse, as this was to clarify for the offender and fulfil the duty to provide clear reasons. Further, the sentence imposed was not manifestly excessive; it fell within the permissible range for offences of this kind, having regard to comparable sentencing and the offender's circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal be granted.
  • The appeal be dismissed.