Nicholas v R [2024] NSWCCA 144
The sentencing judge did not err by proceeding on the basis of the Applicant's concession regarding conditional liberty for counts 11 and 12, and the Applicant failed to demonstrate that the aggregate sentence of 28 years with a 19-year non-parole period was unreasonable or plainly unjust, having regard to the seriousness and circumstances of the offending.
- Parties
- Applicant: Mitchell Nicholas; Respondent: Rex
- Jurisdiction
- Australia
- Judgment Date
- 07 August 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted, appeal dismissed
- Legal Topics
- Appeal Against Sentence, Child Sexual Assault, Aggravating and Mitigating Factors, Manifest Excess, Conditional Liberty, Aggregate Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Mitchell Nicholas
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether sentencing judge erred in determining counts 11 and 12 were aggravated because they occurred when Applicant was subject to conditional liberty
- 2 Whether sentence was manifestly excessive
Ratio Decidendi
The sentencing judge did not err by proceeding on the basis of the Applicant's concession regarding conditional liberty for counts 11 and 12, and the Applicant failed to demonstrate that the aggregate sentence of 28 years with a 19-year non-parole period was unreasonable or plainly unjust, having regard to the seriousness and circumstances of the offending.
Court Disposition
Leave to appeal granted, appeal dismissed
Orders
- Grant leave to appeal
- Dismiss the appeal
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