MRM v R [2015] NSWCCA 195

MRM v R [2015] NSWCCA 195

Leave to appeal was granted; the appeal was allowed in respect of sentences imposed on counts 7 and 8 due to the sentencing judge's failure to take proper account of the applicant's voluntary disclosure, resulting in those sentences being quashed and reduced; all other grounds were dismissed as the discounts for early pleas and the overall and individual sentences imposed were within the proper range given the seriousness and breadth of the offending.

Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentences for counts 7 and 8 set aside and reduced; other grounds of appeal dismissed.
Legal Topics
['sentencing Appeals' 'sentencing Discounts for Guilty Plea' 'voluntary Disclosure in Sentencing' 'sexual Offences Against Children' 'application of Totality and Proportionality Principles' 'manifest Excess in Sentencing']
['criminal Law'] ['sentencing Appeals' 'sentencing Discounts for Guilty Plea' 'voluntary Disclosure in Sentencing' 'sexual Offences Against Children' 'application of Totality and Proportionality Principles' 'manifest Excess in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in not sufficiently discounting sentence for early guilty plea (Ground 1)' 'Whether sentencing judge failed to give sufficient discount for voluntary disclosure of additional offences (Ground 2)' 'Whether individual and aggregate sentences were manifestly excessive (Ground 3)']

Ratio Decidendi

Leave to appeal was granted; the appeal was allowed in respect of sentences imposed on counts 7 and 8 due to the sentencing judge's failure to take proper account of the applicant's voluntary disclosure, resulting in those sentences being quashed and reduced; all other grounds were dismissed as the discounts for early pleas and the overall and individual sentences imposed were within the proper range given the seriousness and breadth of the offending.

Court Disposition

Appeal allowed in part; sentences for counts 7 and 8 set aside and reduced; other grounds of appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted;' 'Appeal allowed in part;' 'Sentences imposed on counts 7 and 8 quashed; substitute sentences of imprisonment for 6 years and 6 months (non-parole period 4 years and 6 months) on each, effective 6 October 2014 to 5 April 2021, with non-parole to 5 April 2019;' 'Other...