NW v R [2011] NSWCCA 178

NW v R [2011] NSWCCA 178

There was a measure of double counting as the same elements of criminality were used to increase sentences for both count 1 and count 2 and offences on the Form 1, contrary to Pearce v The Queen. Relief is appropriate by reducing the period of accumulation between the sentences for count 1 and count 2 from 12 months to 6 months.

Jurisdiction
Australia
Judgment Date
11 August 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed in part; sentences confirmed; adjustment to cumulation; parole eligibility date clarified.
Legal Topics
['appeal Against Sentence' 'aggravated Sexual Intercourse' 'child Pornography' 'double Counting' 'totality' 'sentencing Principles']
['criminal Law'] ['appeal Against Sentence' 'aggravated Sexual Intercourse' 'child Pornography' 'double Counting' 'totality' 'sentencing Principles']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge engaged in impermissible 'double counting' of criminality" 'Whether the principle of totality was appropriately applied' 'Whether sentences imposed were manifestly excessive']

Ratio Decidendi

There was a measure of double counting as the same elements of criminality were used to increase sentences for both count 1 and count 2 and offences on the Form 1, contrary to Pearce v The Queen. Relief is appropriate by reducing the period of accumulation between the sentences for count 1 and count 2 from 12 months to 6 months.

Court Disposition

Appeal allowed in part; sentences confirmed; adjustment to cumulation; parole eligibility date clarified.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal (in part).' 'Confirm the sentences imposed in respect of counts 1 and 2.' 'Quash the order that the sentence in respect of count 1 is to commence on 16 September 2009. In substitution, order that the non-parole period of 4 years and 2 months in respect of count 1 is to...