NLR v R [2011] NSWCCA 246

NLR v R [2011] NSWCCA 246

The appeal was dismissed because the sentencing judge did not treat the commission of the offences in the applicant's home as an independent aggravating factor, but as part of the serious breach of trust; any failure to make an express s 21A(5A) finding was merely procedural and had no effect because such a finding was available; the applicant's admissions to police were taken into account and did not justify a further significant discount beyond the 25 per cent guilty plea discount; and the individual and overall sentences were not outside the permissible sentencing range.

Jurisdiction
Australia
Judgment Date
17 November 2011
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted, leave to appeal against sentence granted, appeal dismissed.
Legal Topics
['child Sexual Offences' 'aggravating Factors' 'good Character and Prior Convictions' 'assistance to Law Enforcement Authorities' 'standard Non Parole Periods' 'manifest Excess' 'abuse of Trust']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'aggravating Factors' 'good Character and Prior Convictions' 'assistance to Law Enforcement Authorities' 'standard Non Parole Periods' 'manifest Excess' 'abuse of Trust']

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Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by treating the offences occurring in the offender's home as an aggravating factor under s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act." 'Whether the sentencing judge erred in applying s 21A(5A) of the Crimes (Sentencing Procedure) Act and in not treating good character or lack of significant prior convictions as mitigating factors.' "Whether the sentencing judge failed to take adequate account of the applicant's assistance to law enforcement authorities under s 21A(3)(m) and s 23 of the Crimes (Sentencing Procedure) Act." 'Whether the sentences imposed were manifestly excessive.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge did not treat the commission of the offences in the applicant's home as an independent aggravating factor, but as part of the serious breach of trust; any failure to make an express s 21A(5A) finding was merely procedural and had no effect because such a finding was available; the applicant's admissions to police were taken into account and did not justify a further significant discount beyond the 25 per cent guilty plea discount; and the individual and overall sentences were not outside the permissible sentencing range.

Court Disposition

Extension of time granted, leave to appeal against sentence granted, appeal dismissed.

Orders

  • ['Extension of time in which to apply for leave to appeal is granted.' 'Leave to appeal against sentence is granted.' 'The appeal is dismissed.']