RJA v R [2014] NSWCCA 89

RJA v R [2014] NSWCCA 89

The appeal was allowed because the Court of Criminal Appeal erroneously applied the standard non-parole period as determinative, contrary to the approach required by Muldrock v The Queen, and thus a lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
15 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Referral Under Part 7 Crimes (appeal and Review) Act 2001 (nsw)
Outcome
Appeal allowed; previous sentences quashed; appellant re-sentenced.
Legal Topics
['appeal Against Sentence' 'standard Non Parole Period' 'muldrock Error' 'sentencing Procedure']
['criminal Law'] ['appeal Against Sentence' 'standard Non Parole Period' 'muldrock Error' 'sentencing Procedure']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence After Referral Under Part 7 Crimes (appeal and Review) Act 2001 (nsw)

Legal Issues

  1. 1 ["Whether the Court of Criminal Appeal erred in its application of standard non-parole period provisions post-Muldrock v The Queen to the appellant's sentences for sexual offences against a child"]

Ratio Decidendi

The appeal was allowed because the Court of Criminal Appeal erroneously applied the standard non-parole period as determinative, contrary to the approach required by Muldrock v The Queen, and thus a lesser sentence was warranted.

Court Disposition

Appeal allowed; previous sentences quashed; appellant re-sentenced.

Orders

  • ['Allow the appeal.' 'Quash the sentences imposed by the Court of Criminal Appeal on 10 June 2008.' 'Re-sentence the appellant as follows: Count 3 - imprisonment with a non-parole period of 4 years 6 months and a balance of 1 year 6 months, sentence dated from 18 August 2006; Count 4 - imprisonment with a non-parole...