Paul Campbell v R [2018] NSWCCA 87

Paul Campbell v R [2018] NSWCCA 87

The appeal was allowed because the sentencing judge misconstrued comparative authorities and principles, failed to consider alternatives to full-time custodial sentencing as required by statute, erred in assessing seriousness and use of trust, and the proceedings miscarried because a life-imprisonment offence was improperly included on Form 1.

Parties
Applicant: Paul Campbell; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; matter remitted for further sentencing according to law
Legal Topics
Sentencing, Children and Young Persons, Sexual Offences, Appeal Procedures, Principles of Sentencing Juvenile Offenders
Criminal Law Sentencing Children and Young Persons Sexual Offences Appeal Procedures Principles of Sentencing Juvenile Offenders

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Parties

Paul Campbell

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing objective criminality and seriousness of offences
  2. 2 Whether the sentencing judge erred in failing to consider alternatives to full-time custody
  3. 3 Whether the judge erred in finding use of position of trust

Ratio Decidendi

The appeal was allowed because the sentencing judge misconstrued comparative authorities and principles, failed to consider alternatives to full-time custodial sentencing as required by statute, erred in assessing seriousness and use of trust, and the proceedings miscarried because a life-imprisonment offence was improperly included on Form 1.

Court Disposition

Appeal allowed; sentence quashed; matter remitted for further sentencing according to law

Orders

  • Leave to appeal granted.
  • Appeal allowed.