Younan v R [2023] NSWCCA 124

Younan v R [2023] NSWCCA 124

The sentencing judge's finding that specific deterrence was not reduced was open because the applicant knew at the time of the offending that his conduct was wrong, as shown by his calculated lies to police, his lies to the victim, planning, concealment and repeated conduct. General and specific deterrence were distinct sentencing considerations, and the judge's treatment of the applicant's mental condition was consistent with principle. The aggregate sentence was not manifestly excessive having regard to the seriousness, repetition and duration of the child sexual offending, the abuse of trust, the applicant's manipulation of the victim, the seventeen offences and twelve Form 1 offences,...

Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal on sentence granted; appeal dismissed.
Legal Topics
['child Sexual Offences' 'specific Deterrence' 'mental Impairment in Sentencing' 'manifest Excess' 'form 1 Offences' 'aggregate Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['child Sexual Offences' 'specific Deterrence' 'mental Impairment in Sentencing' 'manifest Excess' 'form 1 Offences' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding that the need for specific deterrence was not reduced despite findings about the applicant's mental condition." 'Whether the aggregate sentence, including the minimum and maximum terms, was manifestly excessive.']

Ratio Decidendi

The sentencing judge's finding that specific deterrence was not reduced was open because the applicant knew at the time of the offending that his conduct was wrong, as shown by his calculated lies to police, his lies to the victim, planning, concealment and repeated conduct. General and specific deterrence were distinct sentencing considerations, and the judge's treatment of the applicant's mental condition was consistent with principle. The aggregate sentence was not manifestly excessive having regard to the seriousness, repetition and duration of the child sexual offending, the abuse of trust, the applicant's manipulation of the victim, the seventeen offences and twelve Form 1 offences,...

Court Disposition

Leave to appeal on sentence granted; appeal dismissed.

Orders

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