Phipps v R [2008] NSWCCA 178

Phipps v R [2008] NSWCCA 178

The trial judge was not required to reflect the finding of special circumstances in the aggregate sentence as well as each individual sentence. There was no error in the sentencing structure; the effective non-parole period was deliberately determined and adequately reasoned.

Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'sexual Offences' 'aggravated Sexual Intercourse' 'aggravated Indecent Assault' 'special Circumstances' 'non Parole Period' 'totality Principle']
['criminal Law'] ['appeal Against Sentence' 'sexual Offences' 'aggravated Sexual Intercourse' 'aggravated Indecent Assault' 'special Circumstances' 'non Parole Period' 'totality Principle']

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

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the aggregate sentence failed to reflect the judge’s finding of special circumstances in the effective non-parole period proportion']

Ratio Decidendi

The trial judge was not required to reflect the finding of special circumstances in the aggregate sentence as well as each individual sentence. There was no error in the sentencing structure; the effective non-parole period was deliberately determined and adequately reasoned.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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