Clarke v Regina [2009] NSWCCA 13
Leave to appeal was granted, but no error was found in the sentencing judge's decision regarding breach of trust, characterization of substantial emotional harm, consideration of subjective circumstances, or assessment of non-custodial alternatives; the sentence imposed was within the available range and not manifestly excessive.
- Parties
- Applicant: Mathew Peter Clarke; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 13 February 2009
- Procedural Posture
- Criminal Appeal / Sentence Appeal
- Outcome
- Leave to appeal granted, but appeal dismissed.
- Legal Topics
- Aggravated Indecent Assault, Breach of Trust, Victim Impact Statement, Emotional Harm, Non Custodial Alternatives, Sentencing Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
Mathew Peter Clarke
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Sentence Appeal
Legal Issues
- 1 Whether breach of trust existed in aggravated indecent assault by a non-parent
- 2 Whether victim suffered substantial emotional harm attributable to the offence
- 3 Whether sentencing judge gave sufficient weight to applicant's subjective case
Ratio Decidendi
Leave to appeal was granted, but no error was found in the sentencing judge's decision regarding breach of trust, characterization of substantial emotional harm, consideration of subjective circumstances, or assessment of non-custodial alternatives; the sentence imposed was within the available range and not manifestly excessive.
Court Disposition
Leave to appeal granted, but appeal dismissed.
Orders
- Leave to appeal against sentence is granted.
- Appeal against sentence is dismissed.
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