Doyle v R [2021] NSWCCA 297

Doyle v R [2021] NSWCCA 297

The sentencing judge erred by treating s 21A(2)(m) as applicable to multiple offences each involving a single victim and by applying a standard non-parole period to Count 6 when none applied at the time of that offence. Nevertheless, on an independent re-exercise of the sentencing discretion, no lesser sentence was warranted because the applicant's overall criminality over a thirty-year period against young boys was very grave, the sentencing judge had already taken a generous approach to totality and commencement of the aggregate sentence, and the applicant's subjective and custodial circumstances did not justify a lower sentence.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['indecent Assault' 'child Sexual Offences' 'aggregate Sentence' 'standard Non Parole Period' 'statutory Aggravating Factors' 'form 1 Offences' 'totality' 're Sentencing']
['criminal Law' 'sentencing'] ['indecent Assault' 'child Sexual Offences' 'aggregate Sentence' 'standard Non Parole Period' 'statutory Aggravating Factors' 'form 1 Offences' 'totality' 're Sentencing']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the offending involved multiple victims and a series of criminal acts as a statutory aggravating factor under s 21A(2)(m) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentencing judge erred in taking into account a standard non-parole period for Count 6 when no standard non-parole period applied at the time of the offence.' 'Whether the sentencing judge erred in taking into account standard non-parole periods for two Form 1 offences when none applied at the time of those offences.' 'Whether, after error was established, a lesser sentence was warranted in law.']

Ratio Decidendi

The sentencing judge erred by treating s 21A(2)(m) as applicable to multiple offences each involving a single victim and by applying a standard non-parole period to Count 6 when none applied at the time of that offence. Nevertheless, on an independent re-exercise of the sentencing discretion, no lesser sentence was warranted because the applicant's overall criminality over a thirty-year period against young boys was very grave, the sentencing judge had already taken a generous approach to totality and commencement of the aggregate sentence, and the applicant's subjective and custodial circumstances did not justify a lower sentence.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Appeal dismissed.']