Pfitzner v R [2010] NSWCCA 314

Pfitzner v R [2010] NSWCCA 314

The sentencing judge did not reject remorse merely because the applicant failed to give evidence; rather, read as a whole, his remarks meant that without evidence from the applicant there was insufficient evidence to persuade him to find remorse, and that conclusion was open. The severe sentence was not manifestly excessive given the standard non-parole period, the course of mistreatment of the child, the applicant's callous disregard, her conditional liberty at the time of the offence, and the needs for general deterrence, denunciation and accountability.

Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Sentence in the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed.
Legal Topics
['murder of a Child' 'remorse' 'acceptance of Responsibility' 'manifest Excess' 'standard Non Parole Period' 'protective Custody' 'conditional Liberty']
['criminal Law' 'sentencing'] ['murder of a Child' 'remorse' 'acceptance of Responsibility' 'manifest Excess' 'standard Non Parole Period' 'protective Custody' 'conditional Liberty']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in holding that he could not find that the applicant had accepted responsibility for her actions and acknowledged the loss that she caused because she did not give evidence.' 'Whether the sentence imposed on the applicant was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not reject remorse merely because the applicant failed to give evidence; rather, read as a whole, his remarks meant that without evidence from the applicant there was insufficient evidence to persuade him to find remorse, and that conclusion was open. The severe sentence was not manifestly excessive given the standard non-parole period, the course of mistreatment of the child, the applicant's callous disregard, her conditional liberty at the time of the offence, and the needs for general deterrence, denunciation and accountability.

Court Disposition

Appeal dismissed.

Orders

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