SAGE v R [2007] NSWCCA 224

SAGE v R [2007] NSWCCA 224

Specific deterrence was properly considered because the psychological and pre-sentence material, together with the applicant's evidence about the diary entries, left open a risk of re-offending. The individual and aggregate sentences were within the sentencing judge's discretion and were not manifestly excessive given the maximum penalties, comparable sentences, and warranted partial accumulation.

Jurisdiction
Australia
Judgment Date
27 July 2007
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Offences Against Children Committed Outside Australia' 'specific Deterrence' 'manifest Excess' 'guilty Pleas' 'totality']
['criminal Law' 'sentencing'] ['sexual Offences Against Children Committed Outside Australia' 'specific Deterrence' 'manifest Excess' 'guilty Pleas' 'totality']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge placed undue weight on specific deterrence in imposing sentence.' 'Whether the aggregate sentence and non-parole period were manifestly excessive.']

Ratio Decidendi

Specific deterrence was properly considered because the psychological and pre-sentence material, together with the applicant's evidence about the diary entries, left open a risk of re-offending. The individual and aggregate sentences were within the sentencing judge's discretion and were not manifestly excessive given the maximum penalties, comparable sentences, and warranted partial accumulation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']