R v Egan [2016] NSWCCA 285

R v Egan [2016] NSWCCA 285

The sentences imposed were manifestly inadequate, did not adequately reflect the objective seriousness of the two offences, nor give proper effect to general deterrence and denunciation required for such offences. The offences called for a greater punitive response, and wholly concurrent sentences were not appropriate as each involved distinct criminality. The finding of special circumstances was not justified on the evidence and the statutory non-parole ratio should not have been varied. Accordingly, the sentences must be quashed and the respondent resentenced to reflect these principles.

Parties
Appellant: Regina; Respondent: David Paul Egan
Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Crown Appeal Against Sentence / Determination of Appeal Before Court of Criminal Appeal
Outcome
Appeal allowed; sentences quashed; respondent resentenced.
Legal Topics
Sentencing, Crown Appeal Against Inadequacy, Sexual Intercourse With Person Under 10, Partial Accumulation of Sentences, Protective Custody as Mitigating Factor, Manifest Inadequacy
Criminal Law Sentencing Crown Appeal Against Inadequacy Sexual Intercourse With Person Under 10 Partial Accumulation of Sentences Protective Custody as Mitigating Factor Manifest Inadequacy

Case Brief

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Parties

Regina

Appellant

David Paul Egan

Respondent

Procedural Posture

Crown Appeal Against Sentence / Determination of Appeal Before Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to partially accumulate the sentences
  2. 2 Whether the sentencing judge erred in having regard to the respondent's protective status in custody
  3. 3 Whether the sentences imposed were manifestly inadequate

Ratio Decidendi

The sentences imposed were manifestly inadequate, did not adequately reflect the objective seriousness of the two offences, nor give proper effect to general deterrence and denunciation required for such offences. The offences called for a greater punitive response, and wholly concurrent sentences were not appropriate as each involved distinct criminality. The finding of special circumstances was not justified on the evidence and the statutory non-parole ratio should not have been varied. Accordingly, the sentences must be quashed and the respondent resentenced to reflect these principles.

Court Disposition

Appeal allowed; sentences quashed; respondent resentenced.

Orders

  • The appeal is allowed.
  • The sentences imposed by the District Court on 23 March 2016 are quashed.