R v RJ [2023] NSWCCA 273

R v RJ [2023] NSWCCA 273

The sentences for the respondent's serious and repeated sexual offences against his daughter, as well as for perverting the course of justice and breaching an ADVO, were manifestly inadequate in view of the legislative guideposts, the objective seriousness of the conduct and presence of aggravating factors. In addition, error was found in the lack of accumulation for distinct offences. The Crown appeal was allowed and the sentences were set aside and heavier sentences imposed to reflect total criminality and to maintain public confidence in the proper administration of justice.

Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Decision on Appeal From District Court
Outcome
Appeal allowed; sentences set aside; new sentences imposed
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'aggregate Sentencing' 'sexual Offences Against Children' 'apprehended Domestic Violence Orders (advo)' 'perverting the Course of Justice' 'totality Principle' 'sentencing Principles' 'accumulation and Concurrency']
['criminal Law'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'aggregate Sentencing' 'sexual Offences Against Children' 'apprehended Domestic Violence Orders (advo)' 'perverting the Course of Justice' 'totality Principle' 'sentencing Principles' 'accumulation and Concurrency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Decision on Appeal From District Court

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly inadequate' 'How aggregate sentencing should be applied for multiple sexual offences' 'Appropriateness of accumulation/concurrency for separate offences (breach of ADVO and perverting the course of justice)' 'Application of residual discretion to decline to intervene on Crown appeal']

Ratio Decidendi

The sentences for the respondent's serious and repeated sexual offences against his daughter, as well as for perverting the course of justice and breaching an ADVO, were manifestly inadequate in view of the legislative guideposts, the objective seriousness of the conduct and presence of aggravating factors. In addition, error was found in the lack of accumulation for distinct offences. The Crown appeal was allowed and the sentences were set aside and heavier sentences imposed to reflect total criminality and to maintain public confidence in the proper administration of justice.

Court Disposition

Appeal allowed; sentences set aside; new sentences imposed

Orders

  • ['Set aside the aggregate sentence imposed by Mahony SC DCJ on 10 February 2023 and the sentences imposed by Neilson DCJ on 24 February 2023.' 'In lieu, impose the following sentences:' 'For the breach ADVO offence, a fixed term of 9 months commencing on 9 November 2019 and expiring on 8 August 2020.' 'For the s 319...