R v Van Ryn (No 3) [2016] NSWCCA 307

R v Van Ryn (No 3) [2016] NSWCCA 307

Because Count 9 was an offence against s 61M(1), with a maximum penalty of 7 years and a standard non-parole period of 5 years, and because the age of the victim and nature of the contact gave force to Mr Van Ryn's submission that it was less serious than Count 1, the appropriate indicative sentence for Count 9 was 1 year and 8 months with a non-parole period of 1 year and 3 months. Although a minor reduction would ordinarily not affect an aggregate sentence, this was exceptional because the High Court granted special leave confined to the issue, the Crown did not oppose a lower sentence, and even a small percentage reduction in a lengthy sentence amounted to more than 2 months. The Court...

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Crown Appeal Against Sentence / Redetermination of Sentence After High Court Remitter
Outcome
Crown appeal allowed; District Court sentence quashed; respondent resentenced to an aggregate term of imprisonment of 17 years and 9 months with a non-parole period of 13 years and 4 months.
Legal Topics
['child Sexual Assault' 'aggregate Sentence' 'standard Non Parole Period' 'crown Appeal Against Inadequacy of Sentence' 'incorrect Offence Provision']
['criminal Law' 'sentencing'] ['child Sexual Assault' 'aggregate Sentence' 'standard Non Parole Period' 'crown Appeal Against Inadequacy of Sentence' 'incorrect Offence Provision']

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Procedural Posture

Crown Appeal Against Sentence / Redetermination of Sentence After High Court Remitter

Legal Issues

  1. 1 ['Whether the indicative sentence for Count 9 of the 1st Indictment should be reduced because the offence was against s 61M(1) of the Crimes Act 1900 (NSW), not s 61M(2).' "Whether the correction of Count 9 required a different aggregate sentence after the High Court set aside this Court's previous orders and remitted the matter." 'Whether exceptional circumstances justified reducing the previously imposed aggregate sentence.']

Ratio Decidendi

Because Count 9 was an offence against s 61M(1), with a maximum penalty of 7 years and a standard non-parole period of 5 years, and because the age of the victim and nature of the contact gave force to Mr Van Ryn's submission that it was less serious than Count 1, the appropriate indicative sentence for Count 9 was 1 year and 8 months with a non-parole period of 1 year and 3 months. Although a minor reduction would ordinarily not affect an aggregate sentence, this was exceptional because the High Court granted special leave confined to the issue, the Crown did not oppose a lower sentence, and even a small percentage reduction in a lengthy sentence amounted to more than 2 months. The Court...

Court Disposition

Crown appeal allowed; District Court sentence quashed; respondent resentenced to an aggregate term of imprisonment of 17 years and 9 months with a non-parole period of 13 years and 4 months.

Orders

  • ['Crown appeal allowed.' 'Sentence imposed in the District Court on 9 September 2015 quashed.' 'Sentenced to an aggregate term of imprisonment of 17 years and 9 months with a non-parole period of 13 years and 4 months. The sentence will date from 10 December 2014. The offender will become eligible for release on...