R v O'Brien [2002] NSWCCA 102

R v O'Brien [2002] NSWCCA 102

Notwithstanding favourable subjective circumstances and references to comparable cases, the sentence imposed was within the permissible range, and no error of law or principle was demonstrated by the sentencing judge.

Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'sexual Offences' 'consistency in Punishment']
['criminal Law'] ['sentencing' 'sexual Offences' 'consistency in Punishment']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for sexual intercourse without consent was manifestly excessive' 'Whether the sentencing judge erred by not placing the offence at the lower end of the scale' 'Consistency in sentencing for offences of this nature']

Ratio Decidendi

Notwithstanding favourable subjective circumstances and references to comparable cases, the sentence imposed was within the permissible range, and no error of law or principle was demonstrated by the sentencing judge.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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