Corliss v R [2020] NSWCCA 65

Corliss v R [2020] NSWCCA 65

No error was demonstrated in the sentencing judge's assessment of objective seriousness, selection of indicative sentences, or approach to historical sentencing practices. The non-parole period was within the judge's discretion, and the orders complied with the historical approach required prior to the commencement of s 25AA. Leave to appeal granted; appeal dismissed.

Parties
Applicant: Patrick Joseph Corliss; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Child Sexual Assault, Historical Offences, Application of Sentencing Practice, Effect of Legislative Amendments, Appeal Against Sentence
Criminal Law Sentencing Child Sexual Assault Historical Offences Application of Sentencing Practice Effect of Legislative Amendments Appeal Against Sentence

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Parties

Patrick Joseph Corliss

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to adequately assess the objective seriousness of the offending
  2. 2 Whether the sentencing judge erred in determining the starting point for Sequences 6 and 7
  3. 3 Whether the sentencing judge erred in failing to give full effect to historical sentencing practices

Ratio Decidendi

No error was demonstrated in the sentencing judge's assessment of objective seriousness, selection of indicative sentences, or approach to historical sentencing practices. The non-parole period was within the judge's discretion, and the orders complied with the historical approach required prior to the commencement of s 25AA. Leave to appeal granted; appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted
  • Appeal dismissed