Baden v R [2020] NSWCCA 23

Baden v R [2020] NSWCCA 23

The sentencing judge properly took into account both the utilitarian and subjective value of the guilty pleas concerning the Commonwealth offences, correctly assessed the objective seriousness in light of the facts and the gravity of the offending, and accurately evaluated the applicant's poor prospects of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentencing' 'utilitarian Value of Guilty Plea' 'objective Seriousness' 'child Sex Offences' 'rehabilitation Prospects']
['criminal Law'] ['sentencing' 'utilitarian Value of Guilty Plea' 'objective Seriousness' 'child Sex Offences' 'rehabilitation Prospects']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in taking into account utilitarian value of guilty pleas for Commonwealth offences' 'Whether error was made in assessment of objective seriousness of offences' "Whether error in assessment of applicant's subjective characteristics and prospects of rehabilitation" 'Whether sentences imposed were manifestly excessive or plainly unjust']

Ratio Decidendi

The sentencing judge properly took into account both the utilitarian and subjective value of the guilty pleas concerning the Commonwealth offences, correctly assessed the objective seriousness in light of the facts and the gravity of the offending, and accurately evaluated the applicant's poor prospects of rehabilitation and lack of remorse. No relevant error was demonstrated in any ground of appeal.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused']