RJA v R [2008] NSWCCA 137

RJA v R [2008] NSWCCA 137

The sentencing judge erred in treating the victim's age as an aggravating factor when it was an element of the offence, and erred in differentiating seriousness and sentence among counts. The appeal succeeded in part; sentences were quashed and revised, taking into account correct statutory application, seriousness, position of trust, and mitigating factors.

Jurisdiction
Australia
Judgment Date
10 June 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentences quashed; resentencing
Legal Topics
['sentence' 'statutory Aggravating Factors' 'statutory Mitigating Factors' 'double Counting' 'standard Non Parole Period' 'objective Seriousness' 'sexual Assault of Child']
['criminal Law'] ['sentence' 'statutory Aggravating Factors' 'statutory Mitigating Factors' 'double Counting' 'standard Non Parole Period' 'objective Seriousness' 'sexual Assault of Child']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentencing judge erred by double counting victim's age as aggravating factor" 'Whether sentencing judge erred in determining mid-range seriousness for counts 1 and 4' 'Whether sentencing judge erred in failing to find applicant unlikely to re-offend' 'Whether sentencing judge erred in increasing sentence for less serious offence (count 4)']

Ratio Decidendi

The sentencing judge erred in treating the victim's age as an aggravating factor when it was an element of the offence, and erred in differentiating seriousness and sentence among counts. The appeal succeeded in part; sentences were quashed and revised, taking into account correct statutory application, seriousness, position of trust, and mitigating factors.

Court Disposition

sentences quashed; resentencing

Orders

  • ['Sentences quashed.' 'Count 1: Imprisonment for a non-parole period of 12 years (18 August 2006 - 17 August 2018) and balance of term of 4 years (18 August 2018 - 17 August 2022).' 'Count 3: Imprisonment for a non-parole period of 6 years (18 August 2012 - 17 August 2018) and balance of term of 2 years (18 August...