Ronald EATTS v R [2013] NSWCCA 14

Ronald EATTS v R [2013] NSWCCA 14

Although the sentencing judge did not refer expressly to accumulation as a possible basis for special circumstances, the remarks on sentence showed that he was aware of the applicant's extraordinary custodial history, the practical effect of the sentencing order, and the risk of institutionalisation. He imposed concurrent sentences and structured them to provide a substantial 3 year period of parole eligibility. In those circumstances, no sentencing error was established.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Extension of Time and Leave to Appeal Considered
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'aggravated Sexual Intercourse Without Consent' 'special Circumstances' 'accumulation of Sentences' 'non Parole Period' 'institutionalisation']
['criminal Law' 'sentencing'] ['sexual Intercourse Without Consent' 'aggravated Sexual Intercourse Without Consent' 'special Circumstances' 'accumulation of Sentences' 'non Parole Period' 'institutionalisation']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Extension of Time and Leave to Appeal Considered

Legal Issues

  1. 1 ['Whether an extension of time should be granted for an application brought about 3 years out of time.' "Whether the sentencing judge erred by not finding special circumstances because the new sentences were accumulated upon the applicant's previous non-parole period and because of his lengthy custodial history." 'Whether the practical effect of accumulation and the risk of institutionalisation were overlooked.']

Ratio Decidendi

Although the sentencing judge did not refer expressly to accumulation as a possible basis for special circumstances, the remarks on sentence showed that he was aware of the applicant's extraordinary custodial history, the practical effect of the sentencing order, and the risk of institutionalisation. He imposed concurrent sentences and structured them to provide a substantial 3 year period of parole eligibility. In those circumstances, no sentencing error was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Extension of time granted.' 'Leave to appeal granted.' 'Appeal dismissed.']