Branagan v R [2020] NSWCCA 158

Branagan v R [2020] NSWCCA 158

The sentencing judge's assessment that the objective seriousness of count 1 was around or just under the middle range was open on the evidence. The indicative sentences and aggregate sentence appropriately reflected the criminality involved and the applicant's subjective circumstances. No error or manifest excess was established.

Parties
Applicant: Matthew David Branagan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Aggregate Sentence, Sentencing, Assessment of Objective Criminality, Manifest Excess, Sexual Offences
Criminal Law Appeal Against Aggregate Sentence Sentencing Assessment of Objective Criminality Manifest Excess Sexual Offences

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Parties

Matthew David Branagan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the objective criminality of count 1
  2. 2 Whether the indicative sentence for count 1 was manifestly excessive
  3. 3 Whether the aggregate sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's assessment that the objective seriousness of count 1 was around or just under the middle range was open on the evidence. The indicative sentences and aggregate sentence appropriately reflected the criminality involved and the applicant's subjective circumstances. No error or manifest excess was established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.