PW v R [2019] NSWCCA 298

PW v R [2019] NSWCCA 298

The Court held that there was no error in the sentencing judge's grouping of offences or nomination of the same indicative sentences, nor in not finding special circumstances, as the judge properly exercised discretion within legal principles, and the aggregate sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal against sentence dismissed.
Legal Topics
['sentencing' 'sexual Offences' 'aggregate Sentences' 'special Circumstances']
['criminal Law'] ['sentencing' 'sexual Offences' 'aggregate Sentences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in grouping offences into categories and nominating the same indicative sentence for each offence within the categories' 'Whether the sentencing judge erred in not finding special circumstances']

Ratio Decidendi

The Court held that there was no error in the sentencing judge's grouping of offences or nomination of the same indicative sentences, nor in not finding special circumstances, as the judge properly exercised discretion within legal principles, and the aggregate sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal against sentence dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal against sentence.']