REGINA v. COTTRELL [2002] NSWCCA 213

REGINA v. COTTRELL [2002] NSWCCA 213

The original sentence was manifestly excessive because the sentencing judge gave insufficient practical effect to the long delay before the offence came to be dealt with, the applicant's advanced age, his early plea and contrition, his rehabilitative efforts, his ongoing psychiatric treatment and medication regime, and the onerous nature of imprisonment for him. A term of two years imprisonment, wholly suspended on conditions of supervision, psychiatric treatment and prescribed medication, was sufficient to meet deterrence, retribution and denunciation in the circumstances.

Jurisdiction
Australia
Judgment Date
03 June 2002
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal upheld; sentence quashed; applicant resentenced to two years imprisonment wholly suspended on recognisance with conditions.
Legal Topics
['indecent Assault on a Male' 'aged Offence' 'delay in Prosecution' 'rehabilitation' 'contrition' 'suspended Sentence' 'sex Offender Treatment' 'personal Deterrence' 'general Deterrence']
['criminal Law' 'sentencing'] ['indecent Assault on a Male' 'aged Offence' 'delay in Prosecution' 'rehabilitation' 'contrition' 'suspended Sentence' 'sex Offender Treatment' 'personal Deterrence' 'general Deterrence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence of three years and six months imprisonment with a non-parole period of two years and six months for indecent assault on a male was manifestly excessive.' "Whether the sentencing judge failed to give proper weight to delay, contrition, rehabilitation, age, and the applicant's medication and treatment regime." 'Whether a suspended sentence conditioned on supervision, psychiatric treatment and prescribed medication was appropriate.']

Ratio Decidendi

The original sentence was manifestly excessive because the sentencing judge gave insufficient practical effect to the long delay before the offence came to be dealt with, the applicant's advanced age, his early plea and contrition, his rehabilitative efforts, his ongoing psychiatric treatment and medication regime, and the onerous nature of imprisonment for him. A term of two years imprisonment, wholly suspended on conditions of supervision, psychiatric treatment and prescribed medication, was sufficient to meet deterrence, retribution and denunciation in the circumstances.

Court Disposition

Application for leave to appeal granted; appeal upheld; sentence quashed; applicant resentenced to two years imprisonment wholly suspended on recognisance with conditions.

Orders

  • ['The application for leave is granted.' 'The appeal is upheld.' 'The sentence imposed below is quashed.' 'In lieu, the applicant is sentenced to imprisonment for two years, to be suspended on his entering into a recognisance under s.12 of the Crimes (Sentencing Procedure) Act 1999.' 'The recognisance is conditioned...