R v Wright [2017] NSWCCA 102

R v Wright [2017] NSWCCA 102

Although there was error in the sentencing judge’s approach—particularly in objective seriousness characterisation and aggregation of sentences and use of misunderstood statistics—the Court’s residual discretion not to intervene was not exercised due to the Crown's failure to correct error and established circumstances, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Crown Appeal Against Sentence / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'sexual Offences' 'appeals']
['criminal Law'] ['sentencing' 'sexual Offences' 'appeals']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal Decision

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate' 'Objective seriousness of the offences' 'Finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999' 'Aggregation and totality principles in sentencing']

Ratio Decidendi

Although there was error in the sentencing judge’s approach—particularly in objective seriousness characterisation and aggregation of sentences and use of misunderstood statistics—the Court’s residual discretion not to intervene was not exercised due to the Crown's failure to correct error and established circumstances, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed']