Harris v R [2017] NSWCCA 254
The sentencing judge did not err by declining to treat the delay between offence and sentence as a mitigating factor or to find special circumstances; absence of sexual offending during delay was not material to rehabilitation and risk of re-offending given applicant's history and psychological evidence; appeal dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 01 November 2017
- Procedural Posture
- Criminal Appeal / Sentence Appeal; Leave Granted, Appeal Dismissed
- Outcome
- Leave to appeal granted. Appeal dismissed.
- Legal Topics
- ['sentencing' 'delay' 'aggravated Sexual Assault' 'aggravated Break Enter and Commit Serious Indictable Offence' 'special Circumstances' 'totality Principle']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Sentence Appeal; Leave Granted, Appeal Dismissed
Legal Issues
- 1 ['Whether delay between offending and arrest/sentencing should be taken into account in mitigation' 'Whether sentencing judge erred by declining to find special circumstances justifying variation in statutory ratio between non-parole period and head sentence' 'Whether absence of sexual re-offending during delay is relevant to rehabilitation and risk of re-offending']
Ratio Decidendi
The sentencing judge did not err by declining to treat the delay between offence and sentence as a mitigating factor or to find special circumstances; absence of sexual offending during delay was not material to rehabilitation and risk of re-offending given applicant's history and psychological evidence; appeal dismissed.
Court Disposition
Leave to appeal granted. Appeal dismissed.
Orders
- ['Leave to appeal granted' 'Appeal dismissed']
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