Noonan v R [2021] NSWCCA 35

Noonan v R [2021] NSWCCA 35

Leave to appeal was granted but the appeal was dismissed because neither a breach of the totality principle nor manifest excess was established; the sentencing judge appropriately addressed totality and the aggregate sentence reflected the gravity of the offending.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Substantive Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed; suppression order regarding publication of the appellant's name set aside.
Legal Topics
['appeal Against Sentence' 'sexual Offences' 'indecent Assault' 'aggregate Sentence' 'totality Principle' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'sexual Offences' 'indecent Assault' 'aggregate Sentence' 'totality Principle' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Substantive Appeal Judgment

Legal Issues

  1. 1 ['Whether the aggregate sentence breached the principle of totality' 'Whether the aggregate sentence was manifestly excessive' "Whether orders suppressing the appellant's name were justified"]

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because neither a breach of the totality principle nor manifest excess was established; the sentencing judge appropriately addressed totality and the aggregate sentence reflected the gravity of the offending.

Court Disposition

Leave to appeal granted; appeal dismissed; suppression order regarding publication of the appellant's name set aside.

Orders

  • ['Grant leave to appeal against sentence' 'Appeal dismissed' 'Set aside any previous order made under the Court Suppression and Non-publication Orders Act 2010 to the extent that it prohibits or limits the publication of the name of the appellant']