R v RAP [2001] NSWCCA 471

R v RAP [2001] NSWCCA 471

The evidence was open to the jury to find penetration beyond reasonable doubt, so the ground of unreasonable verdict failed; however, the sentence was imposed in error by failing to consider the harsher nature of strict/protective custody, warranting a less severe substituted sentence.

Parties
Respondent: Regina; Appellant: RAP
Jurisdiction
Australia
Judgment Date
06 September 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From District Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal allowed; sentence quashed and substituted.
Legal Topics
Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Special Circumstances in Sentencing, Protective Custody, Manifest Excessiveness
Criminal Law Sexual Offences Appeal Against Conviction Appeal Against Sentence Special Circumstances in Sentencing Protective Custody Manifest Excessiveness

Case Brief

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Parties

Regina

Respondent

RAP

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From District Court

Legal Issues

  1. 1 Whether the conviction for sexual intercourse with a child under 16 was unreasonable or unsupported by the evidence as to penetration
  2. 2 Whether the sentence imposed was manifestly excessive and/or failed to take into account the nature of custody

Ratio Decidendi

The evidence was open to the jury to find penetration beyond reasonable doubt, so the ground of unreasonable verdict failed; however, the sentence was imposed in error by failing to consider the harsher nature of strict/protective custody, warranting a less severe substituted sentence.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal allowed; sentence quashed and substituted.

Orders

  • Appeal against conviction dismissed
  • Leave to appeal against sentence granted