R v KARATAS [1999] NSWCCA 151

R v KARATAS [1999] NSWCCA 151

The sentences were within the proper range of the sentencing judge's discretion. The offending had many very serious aggravating features, including the calculated entry and preparation, the attack in the complainant's home, the three-hour detention and the serious impact on the complainant; there was no mitigating feature of the crime, the applicant's subjective features did not assist him, and sentencing statistics did not establish that the sentence exceeded the available range.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Law Sentencing Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Application for Leave to Appeal From Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'sexual Intercourse Without Consent' 'manifest Excess' 'aggravating Features' 'leave to Appeal Against Sentence']
['criminal Law'] ['sentencing' 'sexual Intercourse Without Consent' 'manifest Excess' 'aggravating Features' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Law Sentencing Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Application for Leave to Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentences imposed for four counts of sexual intercourse without consent were manifestly excessive.' "Whether the sentencing judge erred by treating the applicant's conduct in not causing greater physical injury as an aggravating rather than mitigating feature." "Whether the sentencing judge erred by treating the manner of gaining entry to the complainant's premises as an aggravating feature."]

Ratio Decidendi

The sentences were within the proper range of the sentencing judge's discretion. The offending had many very serious aggravating features, including the calculated entry and preparation, the attack in the complainant's home, the three-hour detention and the serious impact on the complainant; there was no mitigating feature of the crime, the applicant's subjective features did not assist him, and sentencing statistics did not establish that the sentence exceeded the available range.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']