KING v REGINA [2008] NSWCCA 316

KING v REGINA [2008] NSWCCA 316

The sentencing judge's assessment of the objective gravity of the offence was clearly open, including the circumstances that the applicant forced his way into a toilet cubicle, violated the victim's privacy, acted with belligerence, and caused substantial emotional harm. Although the sentence was severe, it was not outside the bounds of the legitimate exercise of sentencing discretion and was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal; Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
['sexual Intercourse Without Consent' 'digital Penetration' 'plea of Guilty' 'manifestly Excessive Sentence' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'digital Penetration' 'plea of Guilty' 'manifestly Excessive Sentence' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal; Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence for sexual intercourse without consent was manifestly excessive.' "Whether the sentencing judge's assessment of the objective seriousness of the offence was open."]

Ratio Decidendi

The sentencing judge's assessment of the objective gravity of the offence was clearly open, including the circumstances that the applicant forced his way into a toilet cubicle, violated the victim's privacy, acted with belligerence, and caused substantial emotional harm. Although the sentence was severe, it was not outside the bounds of the legitimate exercise of sentencing discretion and was not manifestly excessive.

Court Disposition

Leave to appeal granted, appeal dismissed

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']