Freeman v DPP (No. 2) [2020] NSWDC 333

Freeman v DPP (No. 2) [2020] NSWDC 333

Although one conviction had been set aside, the Local Court had imposed separate but fully concurrent sentences for conduct characterised as a single episode over a short period. The removal of one conviction did not itself require reducing the sentence for the surviving offence. The offending remained serious...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Criminal Severity Appeal / Appeal to District Court of New South Wales From Sentence Imposed by the Local Court Following a Partially Successful Conviction Appeal
Outcome
The community correction order was varied as to its expiry date; the severity appeal was otherwise dismissed.
Legal Topics
['intentional Sexual Touching of a Child Aged Between 10 and 16' 'community Correction Order' 'severity Appeal' 'aggravating Factors' 'prior Good Character' 'victim Harm' 'concurrent Sentences']
['criminal Law' 'sentencing' 'criminal Appeals'] ['intentional Sexual Touching of a Child Aged Between 10 and 16' 'community Correction Order' 'severity Appeal' 'aggravating Factors' 'prior Good Character' 'victim Harm' 'concurrent Sentences']

Source-derived case record

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Procedural Posture

Criminal Severity Appeal / Appeal to District Court of New South Wales From Sentence Imposed by the Local Court Following a Partially Successful Conviction Appeal

Legal Issues

  1. 1 ['Whether the setting aside of one conviction after a partially successful conviction appeal should result in variation of the sentence for the remaining offence.' 'Whether the hours or terms of community service under the community correction order should be reduced because only one offence remained.' "Whether the appellant's prior good character could be treated as a mitigating factor where it assisted the commission of the offence." 'Whether the term of the community correction order should be varied to account for the stay of sentence during the severity appeal.']

Ratio Decidendi

Although one conviction had been set aside, the Local Court had imposed separate but fully concurrent sentences for conduct characterised as a single episode over a short period. The removal of one conviction did not itself require reducing the sentence for the surviving offence. The offending remained serious despite low objective gravity, involved aggravating factors including occurrence in the victim's home, breach of a bond and breach of trust, and the appellant's prior good character could not mitigate because it assisted the offending. A community correction order remained appropriate, but its expiry date was varied to reflect the stay of sentence during the severity appeal.

Court Disposition

The community correction order was varied as to its expiry date; the severity appeal was otherwise dismissed.

Orders

  • ['The sentence of the Magistrate dated 21 January 2020 is varied so that the community corrections order commencing on 21 January 2020 expires on 10 February 2022.' 'The severity appeal is otherwise dismissed.']