Regina v Goodier [1999] NSWCCA 347

Regina v Goodier [1999] NSWCCA 347

The agreed facts, supported by a positive saliva test, permitted the judge to proceed on the basis that the applicant kissed the child in the area of the vagina. The offences against very young children were serious, general deterrence and objective gravity were important, and the applicant's guilty pleas, subjective circumstances, prospects of rehabilitation and need for post-release support were adequately taken into account, including by the finding of special circumstances. The sentences were well within the permissible range, not excessive and lenient.

Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Indecent Assault' 'attempted Aggravated Indecent Assault' 'severity Appeal' 'general Deterrence' 'subjective Circumstances' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Indecent Assault' 'attempted Aggravated Indecent Assault' 'severity Appeal' 'general Deterrence' 'subjective Circumstances' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by proceeding on the basis that the applicant kissed the child around the genital area rather than only touching her outside her clothes.' 'Whether the concurrent sentences imposed for attempted aggravated indecent assault and aggravated indecent assault were excessive.' "Whether the sentencing judge gave insufficient weight to the applicant's subjective circumstances, guilty pleas, prospects of rehabilitation, lack of premeditation and periods without offending."]

Ratio Decidendi

The agreed facts, supported by a positive saliva test, permitted the judge to proceed on the basis that the applicant kissed the child in the area of the vagina. The offences against very young children were serious, general deterrence and objective gravity were important, and the applicant's guilty pleas, subjective circumstances, prospects of rehabilitation and need for post-release support were adequately taken into account, including by the finding of special circumstances. The sentences were well within the permissible range, not excessive and lenient.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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