R v Stefanac [2022] NSWCCA 129

R v Stefanac [2022] NSWCCA 129

The aggregate sentence imposed by the District Court was manifestly inadequate and failed to properly apply the totality principle, as it did not reflect the objective criminality of serious sexual offending against two separate child victims in distinct time periods, and did not adequately accumulate between sets of offences. No error was established in the application of standard non-parole periods. Crown appeal allowed and respondent resentenced to an increased aggregate sentence.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Criminal Appeal / Appeal and Re Sentencing
Outcome
Crown appeal allowed; respondent resentenced
Legal Topics
['sentencing' 'sexual Offending Against Children' 'totality Principle' 'standard Non Parole Periods' 'aggregate Sentences' 'prosecution Appeal Against Sentence']
['criminal Law'] ['sentencing' 'sexual Offending Against Children' 'totality Principle' 'standard Non Parole Periods' 'aggregate Sentences' 'prosecution Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether the sentencing Judge erred by failing properly to apply the totality principle' 'Whether the aggregate sentence imposed was manifestly inadequate' 'Whether sentencing Judge failed to properly take into account the standard non-parole period applicable to offences under s 66C(2) Crimes Act 1900 (NSW)']

Ratio Decidendi

The aggregate sentence imposed by the District Court was manifestly inadequate and failed to properly apply the totality principle, as it did not reflect the objective criminality of serious sexual offending against two separate child victims in distinct time periods, and did not adequately accumulate between sets of offences. No error was established in the application of standard non-parole periods. Crown appeal allowed and respondent resentenced to an increased aggregate sentence.

Court Disposition

Crown appeal allowed; respondent resentenced

Orders

  • ['The aggregate sentence imposed by Judge English on 22 September 2021 is quashed.' "In lieu, respondent is sentenced to an aggregate sentence of 12 years' imprisonment commencing on 21 July 2020 to expire on 20 July 2032 with an aggregate non-parole period of 7 years to expire on 20 July 2027."]