NRW v R [2008] NSWCCA 318

NRW v R [2008] NSWCCA 318

The sentencing judge did not err in giving effect to special circumstances. He did not express an intention to create a non-parole period specifically or significantly below 75 percent of the total term; his stated purpose was to create a potential parole period long enough for extended supervision. The five year balance term amply fulfilled that purpose, and the grave nature of the offences justified the lengthy minimum custody.

Jurisdiction
Australia
Judgment Date
18 December 2008
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Appeal Against Sentence Imposed in the District Court
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['multiple Sexual Offences Against Children' 'severity Appeal' 'non Parole Period' 'special Circumstances' 'parole Supervision' 'accumulation and Concurrency of Sentences']
['criminal Law and Procedure' 'sentencing'] ['multiple Sexual Offences Against Children' 'severity Appeal' 'non Parole Period' 'special Circumstances' 'parole Supervision' 'accumulation and Concurrency of Sentences']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal Appeal Against Sentence Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give full effect to his finding that there were special circumstances pertaining to the applicant's sentencing." 'Whether the sentencing judge impliedly intended to set an overall non-parole period significantly less than 75 percent of the total term.' 'Whether a five year balance term was adequate to provide an extended period of possible supervision on parole.']

Ratio Decidendi

The sentencing judge did not err in giving effect to special circumstances. He did not express an intention to create a non-parole period specifically or significantly below 75 percent of the total term; his stated purpose was to create a potential parole period long enough for extended supervision. The five year balance term amply fulfilled that purpose, and the grave nature of the offences justified the lengthy minimum custody.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']