Regina v J C E [2000] NSWCCA 498

Regina v J C E [2000] NSWCCA 498

Although the respondent should have received a heavier sentence, the sentencing judge's remarks disclosed no identifiable error, the conclusions as to remorse and prospects of rehabilitation were open, and the circumstances did not justify intervention on a prosecution appeal merely on the basis of alleged manifest...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 November 2000
Procedural Posture
Criminal Appeal Against Sentence by the Director of Public Prosecutions / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court
Outcome
Appeal dismissed
Legal Topics
['suspended Sentences' 'manifest Inadequacy' 'prosecution Appeals Against Sentence' 'aggravated Sexual Intercourse With a Child Under 16' 'pre Trial Diversion']
['criminal Law' 'sentencing'] ['suspended Sentences' 'manifest Inadequacy' 'prosecution Appeals Against Sentence' 'aggravated Sexual Intercourse With a Child Under 16' 'pre Trial Diversion']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Sentence by the Director of Public Prosecutions / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence of two years imprisonment with a minimum term of 15 months, suspended for two years on a good behaviour bond, was manifestly inadequate.' "Whether the respondent's suspension from the diversion program and breaches of his undertaking warranted appellate intervention." 'How ss 5 and 12 of the Crimes (Sentencing Procedure) Act 1999 operate in relation to suspended sentences.']

Ratio Decidendi

Although the respondent should have received a heavier sentence, the sentencing judge's remarks disclosed no identifiable error, the conclusions as to remorse and prospects of rehabilitation were open, and the circumstances did not justify intervention on a prosecution appeal merely on the basis of alleged manifest inadequacy.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']