R v Feuerstein [2015] NSWCCA 82

R v Feuerstein [2015] NSWCCA 82

The aggregate sentence and overall non-parole period imposed were manifestly inadequate for the gravity and extent of offending; errors occurred in measure of accumulation, approach to totality, and in sentences for child abuse material offences, warranting setting aside of the original sentence and resentencing with increased aggregate sentence and non-parole period.

Parties
Appellant: Regina; Respondent: Michael Feuerstein
Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Crown Appeal Against Sentence / Appeal Decision
Outcome
Crown appeal allowed in part; aggregate sentence for trial offences set aside and respondent resentenced.
Legal Topics
Sentencing, Crown Appeal, Aggregate Sentence, Child Sexual Assault, Possession and Dissemination of Child Abuse Material, Accumulation of Sentences, Non Parole Period, Special Circumstances, Totality Principle
Criminal Law Sentencing Crown Appeal Aggregate Sentence Child Sexual Assault Possession and Dissemination of Child Abuse Material Accumulation of Sentences Non Parole Period +2 more

Case Brief

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Parties

Regina

Appellant

Michael Feuerstein

Respondent

Procedural Posture

Crown Appeal Against Sentence / Appeal Decision

Legal Issues

  1. 1 Whether the aggregate sentence for child sexual offences was manifestly inadequate
  2. 2 Whether the sentences for possessing and disseminating child abuse material were manifestly inadequate
  3. 3 Whether adequate accumulation of sentences occurred

Ratio Decidendi

The aggregate sentence and overall non-parole period imposed were manifestly inadequate for the gravity and extent of offending; errors occurred in measure of accumulation, approach to totality, and in sentences for child abuse material offences, warranting setting aside of the original sentence and resentencing with increased aggregate sentence and non-parole period.

Court Disposition

Crown appeal allowed in part; aggregate sentence for trial offences set aside and respondent resentenced.

Orders

  • The sentences imposed by the District Court for the trial offences are set aside.
  • Respondent is resentenced to an aggregate sentence for the trial offences commencing 30 May 2014: total term of 16 years expiring 30 May 2030 and non-parole period of 11 years expiring 30 May 2025.