HUDSON v R [2008] NSWCCA 90

HUDSON v R [2008] NSWCCA 90

The sentence was not manifestly excessive. The sentencing judge's assessment that the offence fell below the mid range but above the middle of the lower half of objective seriousness was open, the 10 per cent discount for the late guilty plea was within discretion, the judge was not bound by the Crown concession, AIS was distinguishable and could not control the discretion, and the non-parole period of two years two months was less than half of the five-year standard non-parole period.

Jurisdiction
Australia
Judgment Date
01 April 2008
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time for Leave to Appeal and for Leave to Appeal Against Sentence
Outcome
Extension of time for leave to appeal granted; leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['aggravated Indecent Assault' 'manifest Excess' 'standard Non Parole Period' 'plea of Guilty' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'manifest Excess' 'standard Non Parole Period' 'plea of Guilty' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time for Leave to Appeal and for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether an extension of time for leave to appeal against sentence should be granted.' 'Whether leave to appeal against sentence should be granted.' 'Whether the sentence imposed for aggravated indecent assault was manifestly excessive.' 'Whether the sentencing judge erred in assessing objective seriousness or in declining to impose a non-parole period no longer than pre-sentence custody.']

Ratio Decidendi

The sentence was not manifestly excessive. The sentencing judge's assessment that the offence fell below the mid range but above the middle of the lower half of objective seriousness was open, the 10 per cent discount for the late guilty plea was within discretion, the judge was not bound by the Crown concession, AIS was distinguishable and could not control the discretion, and the non-parole period of two years two months was less than half of the five-year standard non-parole period.

Court Disposition

Extension of time for leave to appeal granted; leave to appeal granted; appeal against sentence dismissed.

Orders

  • ['Grant an extension of time for leave to appeal.' 'Grant leave to appeal.' 'Dismiss the appeal against sentence.']