RA v R [2020] NSWCCA 356

RA v R [2020] NSWCCA 356

The jury was entitled to resolve inconsistency in complainant's evidence in favour of the prosecution and find the complainant was under 10 at the time of the offence; the sentence imposed was manifestly excessive considering applicant’s age and circumstances, and should be substituted by a lower sentence.

Jurisdiction
Australia
Judgment Date
25 August 1999
Procedural Posture
Criminal Appeal / Appeal From District Court; Determination of Conviction and Sentence
Outcome
Leave to appeal against conviction and sentence granted; appeal against conviction dismissed; appeal against sentence allowed; sentence substituted.
Legal Topics
['unreasonable Verdict' 'sentencing' 'manifest Excess' 'sexual Offences Against Children' 'objective Seriousness' 'historical Offences']
['criminal Law'] ['unreasonable Verdict' 'sentencing' 'manifest Excess' 'sexual Offences Against Children' 'objective Seriousness' 'historical Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal From District Court; Determination of Conviction and Sentence

Legal Issues

  1. 1 ['Whether jury verdict was unreasonable and unsupported by evidence' 'Whether Crown proved complainant was under 10 at the time of offence' 'Whether sentence was manifestly excessive']

Ratio Decidendi

The jury was entitled to resolve inconsistency in complainant's evidence in favour of the prosecution and find the complainant was under 10 at the time of the offence; the sentence imposed was manifestly excessive considering applicant’s age and circumstances, and should be substituted by a lower sentence.

Court Disposition

Leave to appeal against conviction and sentence granted; appeal against conviction dismissed; appeal against sentence allowed; sentence substituted.

Orders

  • ['Leave to appeal against conviction and sentence be granted.' 'Appeal against conviction be dismissed.' 'Appeal against sentence be allowed.' 'Sentence imposed at first instance quashed and applicant sentenced to imprisonment: non-parole period of 2 years and 5 months commencing 28 March 2019, expiring 27 August...