Jonson v R [2016] NSWCCA 286

Jonson v R [2016] NSWCCA 286

Section 21A(2)(eb) Crimes (Sentencing Procedure) Act is not limited to circumstances where the offender is an intruder, and can apply even where the offender was lawfully present in the victim's home; no error was made by the sentencing judge in finding the offending aggravated by being committed in the victim's home. The sentencing judge did not double count the aggravating factor of presence of a child in assessing objective seriousness and aggravation.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Criminal Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'aggravating Factors' 'construction of S 21 A(2)(eb) Crimes (sentencing Procedure) Act' 'domestic Violence' 'double Counting Aggravating Factors']
['criminal Law'] ['sentencing' 'aggravating Factors' 'construction of S 21 A(2)(eb) Crimes (sentencing Procedure) Act' 'domestic Violence' 'double Counting Aggravating Factors']

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Procedural Posture

Criminal Appeal Against Sentence / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ["Whether the sentencing judge erred by finding aggravation in offences committed in the victim's home where the offender was not an intruder" 'Whether the sentencing judge double counted the factor of the offence being committed in the presence of a child']

Ratio Decidendi

Section 21A(2)(eb) Crimes (Sentencing Procedure) Act is not limited to circumstances where the offender is an intruder, and can apply even where the offender was lawfully present in the victim's home; no error was made by the sentencing judge in finding the offending aggravated by being committed in the victim's home. The sentencing judge did not double count the aggravating factor of presence of a child in assessing objective seriousness and aggravation.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

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