Regina v Mark Andrew Grech [1999] NSWCCA 268

Regina v Mark Andrew Grech [1999] NSWCCA 268

The mutual loving relationship between applicant and complainant is not a mitigating factor; the elements and policy of s 66F(2) are absolute. The sentencing discretion exercised was appropriate given the breach of trust, vulnerability of complainant, and absence of psychological injury evidence. Leave to appeal is granted, but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
06 September 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sexual Offences' 'persons in Authority' 'intellectual Disability' 'severity of Sentence' 'deterrence']
['criminal Law'] ['sexual Offences' 'persons in Authority' 'intellectual Disability' 'severity of Sentence' 'deterrence']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the severity of the sentence imposed for offences under s 66F(2) of the Crimes Act 1900 (NSW) was appropriate.' 'Whether the mutual loving relationship between applicant and complainant was a mitigating factor for sentencing.' 'Whether lack of psychological injury to the complainant or borderline degree of intellectual disability affected sentencing.' 'Whether the sentencing judge misapplied precedent cases Parsons and Moore.']

Ratio Decidendi

The mutual loving relationship between applicant and complainant is not a mitigating factor; the elements and policy of s 66F(2) are absolute. The sentencing discretion exercised was appropriate given the breach of trust, vulnerability of complainant, and absence of psychological injury evidence. Leave to appeal is granted, but the appeal is dismissed.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence is granted.' 'Appeal against sentence is dismissed.']