R v Arbolino [1999] NSWCCA 249

R v Arbolino [1999] NSWCCA 249

Although individual and general deterrence were important and rehabilitation was problematic, the sentence imposed was excessive having regard to the objective circumstances of the particular offence, which was the only offence on which the appellant stood convicted. Special circumstances, including extensive family...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 August 1999
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence Heard Separately; Conviction Appeal Pending/adjourned
Outcome
Leave to appeal against sentence granted; sentence set aside and substituted with a varied sentence.
Legal Topics
['sexual Assault in Circumstances of Aggravation' 'acts of Indecency Involving a Child' 'manifest Excess' 'parole' 'special Circumstances' 'deterrence' 'intellectual Impairment']
['criminal Law' 'sentencing'] ['sexual Assault in Circumstances of Aggravation' 'acts of Indecency Involving a Child' 'manifest Excess' 'parole' 'special Circumstances' 'deterrence' 'intellectual Impairment']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence Heard Separately; Conviction Appeal Pending/adjourned

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentence imposed for an offence under s61M(1) of the Crimes Act 1900 was excessive in all the circumstances.' 'Whether special circumstances justified varying the relationship between the minimum and additional terms.']

Ratio Decidendi

Although individual and general deterrence were important and rehabilitation was problematic, the sentence imposed was excessive having regard to the objective circumstances of the particular offence, which was the only offence on which the appellant stood convicted. Special circumstances, including extensive family support and the need for a longer than usual parole period, justified substituting a total sentence of three years with a fifteen-month minimum term and a twenty-one-month additional term.

Court Disposition

Leave to appeal against sentence granted; sentence set aside and substituted with a varied sentence.

Orders

  • ['Grant leave to appeal.' 'Set aside the sentence imposed by Kirkham DCJ and in lieu thereof sentence the appellant to three years imprisonment.' 'Minimum term of fifteen months to commence on 21 July 1998 and expire on 20 October 1999.' 'Additional term of twenty-one months to commence on 21 October 1999 and expire...