Stephens v R (No 2) [2022] NSWCCA 227

Stephens v R (No 2) [2022] NSWCCA 227

The applicant should be sentenced for three counts of child sexual assault consistent with prior indicative sentences, and with a period of imprisonment reflecting the reduced number of proven offences, maintaining the previous ratio between head sentence and non-parole period.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Criminal Appeal / Re Sentencing Following Remittal From the High Court
Outcome
Applicant re-sentenced to an aggregate head sentence of imprisonment for 4 years 6 months, commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months that expired on 25 May 2022.
Legal Topics
['sentencing' 'child Sexual Assault' 'appeals' 'remittal']
['criminal Law'] ['sentencing' 'child Sexual Assault' 'appeals' 'remittal']

Case Brief

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Procedural Posture

Criminal Appeal / Re Sentencing Following Remittal From the High Court

Legal Issues

  1. 1 ['Appropriate sentence for three counts of child sexual assault after quashing of other convictions' 'Whether to depart from previous indicative sentences' 'Totality and proportionality in sentencing']

Ratio Decidendi

The applicant should be sentenced for three counts of child sexual assault consistent with prior indicative sentences, and with a period of imprisonment reflecting the reduced number of proven offences, maintaining the previous ratio between head sentence and non-parole period.

Court Disposition

Applicant re-sentenced to an aggregate head sentence of imprisonment for 4 years 6 months, commencing on 26 August 2019 and expiring on 25 February 2024, with a non-parole period of 2 years 9 months that expired on 25 May 2022.

Orders

  • ['For count 1, an indicative head sentence of imprisonment for 1 year is recorded.' 'For count 2, an indicative head sentence of imprisonment for 3 years is recorded.' 'For count 3, an indicative head sentence of imprisonment for 3 years is recorded.' 'Applicant sentenced to an aggregate head sentence of...