R v AA [2017] NSWCCA 84

R v AA [2017] NSWCCA 84

Errors were identified in the sentencing judge's application of the Ellis discount and misstatement of sentencing regime for the third offence, but overall, after considering these errors and relevant statutory factors, the sentences imposed were not manifestly inadequate and do not warrant appellate intervention.

Jurisdiction
Australia
Judgment Date
02 May 2017
Procedural Posture
Criminal Appeal / Appeal From Sentencing Decision
Outcome
Appeal dismissed
Legal Topics
['sexual Offences' 'sentencing' 'juvenile Offenders' 'objective Seriousness' 'assistance to Authorities' 'special Circumstances']
['criminal Law'] ['sexual Offences' 'sentencing' 'juvenile Offenders' 'objective Seriousness' 'assistance to Authorities' 'special Circumstances']

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Procedural Posture

Criminal Appeal / Appeal From Sentencing Decision

Legal Issues

  1. 1 ['Whether sentencing judge erred in affording Ellis discount' 'Whether sentencing judge complied with s 23(2) and (4) of Crimes (Sentencing Procedure) Act 1999' 'Assessment of objective seriousness for offences' 'Relevance of sentencing regime for juveniles' 'Double counting for youth in special circumstances' 'Approach to accumulation of sentences' 'Manifest inadequacy of individual sentences']

Ratio Decidendi

Errors were identified in the sentencing judge's application of the Ellis discount and misstatement of sentencing regime for the third offence, but overall, after considering these errors and relevant statutory factors, the sentences imposed were not manifestly inadequate and do not warrant appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']