R v Sanderson [2000] NSWCCA 512

R v Sanderson [2000] NSWCCA 512

The court held that the sentence of four years with a non-parole period of two years was manifestly inadequate given the objective seriousness, premeditation, use of violence and weapon, and impact on the victim, and thus disclosed error in sentencing discretion. The appellate court quashed the sentence and imposed a sentence of six years with a non-parole period of three years, taking into account both objective and subjective factors and exercising appellate restraint.

Parties
Appellant: Regina; Respondent: Aaron Patrick Sanderson
Jurisdiction
Australia
Judgment Date
08 December 2000
Procedural Posture
Criminal Appeal / Appeal From Sentence in District Court to the Court of Criminal Appeal
Outcome
Appeal allowed; sentence quashed; respondent re-sentenced.
Legal Topics
Sentencing, Break and Enter, Sexual Assault, Manifest Inadequacy, Appeal by Crown
Criminal Law Sentencing Break and Enter Sexual Assault Manifest Inadequacy Appeal by Crown

Case Brief

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Parties

Regina

Appellant

Aaron Patrick Sanderson

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence in District Court to the Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentence imposed for maliciously inflicting actual bodily harm with intent to have sexual intercourse was manifestly inadequate
  2. 2 Whether sufficient weight was given to the objective seriousness of the offence as opposed to subjective features of the offender
  3. 3 Whether the appeal should be allowed and the sentence varied

Ratio Decidendi

The court held that the sentence of four years with a non-parole period of two years was manifestly inadequate given the objective seriousness, premeditation, use of violence and weapon, and impact on the victim, and thus disclosed error in sentencing discretion. The appellate court quashed the sentence and imposed a sentence of six years with a non-parole period of three years, taking into account both objective and subjective factors and exercising appellate restraint.

Court Disposition

Appeal allowed; sentence quashed; respondent re-sentenced.

Orders

  • Appeal allowed
  • Sentence imposed on 25 May 2000 quashed