NG v R [2017] NSWCCA 161

NG v R [2017] NSWCCA 161

The sentencing discretion miscarried because the sentencing judge applied the later life-imprisonment maximum for s 66A instead of the applicable 25-year maximum for Count 6, and because the judge confused the Form 1 offences when assessing the historical offences. On resentencing, the Court applied the correct maximum penalties, historical sentencing patterns for the 1975 offences, the applicant's subjective circumstances, the guilty plea discounts, objective seriousness, abuse of trust, and totality, and imposed a lesser aggregate sentence.

Jurisdiction
Australia
Judgment Date
05 July 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; District Court sentences quashed; applicant resentenced to a lesser aggregate sentence.
Legal Topics
['appeal Against Sentence' 'child Sexual Offences' 'historical Sexual Offences' 'incorrect Maximum Penalty' 'objective Seriousness' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'child Sexual Offences' 'historical Sexual Offences' 'incorrect Maximum Penalty' 'objective Seriousness' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentencing judge erred by applying an incorrect maximum penalty to the offence pursuant to s 66A(1) of the Crimes Act 1900 (NSW).' 'Whether the sentencing judge erred in determining the objective seriousness of the historical offences by confusing a substantive count with a Form 1 offence.' 'Whether the sentence imposed was manifestly excessive.' 'What sentence should be imposed on resentencing for the historical offences and the 2010-2012 offences.']

Ratio Decidendi

The sentencing discretion miscarried because the sentencing judge applied the later life-imprisonment maximum for s 66A instead of the applicable 25-year maximum for Count 6, and because the judge confused the Form 1 offences when assessing the historical offences. On resentencing, the Court applied the correct maximum penalties, historical sentencing patterns for the 1975 offences, the applicant's subjective circumstances, the guilty plea discounts, objective seriousness, abuse of trust, and totality, and imposed a lesser aggregate sentence.

Court Disposition

Leave to appeal granted; District Court sentences quashed; applicant resentenced to a lesser aggregate sentence.

Orders

  • ['Leave to appeal is granted.' 'The sentences imposed in the District Court by Acting Judge Delaney on 19 August 2016 are quashed.' 'In lieu thereof, the applicant is sentenced to an aggregate sentence of imprisonment of 12 years and 7 months comprising a non-parole period of 9 years and 6 months commencing on 17...