Ryan v R [2019] NSWCCA 200

Ryan v R [2019] NSWCCA 200

The sentencing judge erred by affording determinative significance to the standard non-parole period and by extending the balance term rather than reducing the non-parole period for special circumstances, warranting appellate intervention and resentencing.

Parties
Applicant: Raymond Dereck Ryan; Respondent: Crown
Jurisdiction
Australia
Judgment Date
26 August 2019
Procedural Posture
Criminal Appeal / Sentence Appeal Decision
Outcome
appeal allowed; resentencing
Legal Topics
Sentencing, Sexual Offences, Appeals, Special Circumstances, Children as Victims
Criminal Law Sentencing Sexual Offences Appeals Special Circumstances Children as Victims

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 4 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Raymond Dereck Ryan

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal Decision

Legal Issues

  1. 1 Whether sentencing judge erred by treating the standard non-parole period as determinative
  2. 2 Whether sentencing judge erred in calculation of special circumstances in relation to count 3
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge erred by affording determinative significance to the standard non-parole period and by extending the balance term rather than reducing the non-parole period for special circumstances, warranting appellate intervention and resentencing.

Court Disposition

appeal allowed; resentencing

Orders

  • The applicant's appeal against sentence is allowed.
  • The sentence imposed by Judge English in the District Court on 23 March 2017 is set aside.