R v GWM [2012] NSWCCA 240

R v GWM [2012] NSWCCA 240

The sentencing judge erred by failing to properly consider the objective seriousness of the offending and applying undue weight to the respondent's voluntary intoxication and subjective circumstances, resulting in a manifestly inadequate sentence which justified granting the Crown appeal and resentencing.

Parties
Appellant: Regina; Respondent: GWM
Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Crown Appeal Against Sentence / Appeal and Resentencing
Outcome
Crown appeal allowed and respondent resentenced.
Legal Topics
Sentence, Crown Appeal, Aggravated Sexual Assault, Assessment of Objective Gravity, Voluntary or Self Induced Intoxication, Standard Non Parole Period, Special Circumstances, Manifestly Inadequate Sentence, Resentencing
Criminal Law Sentence Crown Appeal Aggravated Sexual Assault Assessment of Objective Gravity Voluntary or Self Induced Intoxication Standard Non Parole Period Special Circumstances +2 more

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Parties

Regina

Appellant

GWM

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentencing judge failed to properly consider the objective seriousness of the offence
  2. 2 Whether the sentencing judge failed to consider or misapplied the standard non-parole period
  3. 3 Whether the sentencing judge erred in the approach to voluntary or self-induced intoxication on sentence

Ratio Decidendi

The sentencing judge erred by failing to properly consider the objective seriousness of the offending and applying undue weight to the respondent's voluntary intoxication and subjective circumstances, resulting in a manifestly inadequate sentence which justified granting the Crown appeal and resentencing.

Court Disposition

Crown appeal allowed and respondent resentenced.

Orders

  • Sentence imposed upon Respondent in the District Court on 26 April 2012 is quashed.
  • The Respondent is sentenced to imprisonment comprising a non-parole period of four years and 10 months, commencing on 2 September 2011 and expiring on 1 July 2016, with a balance of term of two years and eight months commencing on 2 July 2016 and expiring on 1 March 2019.