Carreno v R [2023] NSWCCA 20

Carreno v R [2023] NSWCCA 20

The sentencing judge correctly dealt with the applicant's youth, found no significant causal connection between immaturity and the offences, and attributed limited weight in light of the grave violent and sexual offending, planning, and subsequent criminal conduct; the aggregate sentence imposed was within the reasonable range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Criminal Appeal / Final Determination of Sentence Appeal
Outcome
appeal dismissed
Legal Topics
['sentencing' 'manifest Excess' 'youth and Immaturity' 'causal Connection' 'sexual Assault' 'home Invasion' 'deterrence' 'rehabilitation' 'objective Seriousness']
['criminal Law'] ['sentencing' 'manifest Excess' 'youth and Immaturity' 'causal Connection' 'sexual Assault' 'home Invasion' 'deterrence' 'rehabilitation' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal Appeal / Final Determination of Sentence Appeal

Legal Issues

  1. 1 ['whether the sentence imposed was manifestly excessive' 'whether the sentencing judge failed to take into account a causal connection between youth or immaturity and offending' 'whether the sentencing judge failed to provide sufficient reasons for finding of no causal connection between youth or immaturity and offending']

Ratio Decidendi

The sentencing judge correctly dealt with the applicant's youth, found no significant causal connection between immaturity and the offences, and attributed limited weight in light of the grave violent and sexual offending, planning, and subsequent criminal conduct; the aggregate sentence imposed was within the reasonable range and not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • ['Leave to file the appeal out of time granted.' 'Leave to appeal allowed.' 'Appeal dismissed.']