S K v Regina [2009] NSWCCA 21

S K v Regina [2009] NSWCCA 21

The sentencing judge did not err. Although the applicant was significantly intoxicated, her conduct was deliberate, she retained rational functioning, and intoxication did not materially mitigate an extremely serious offence. The evidence did not establish that protective custody made the sentence more onerous so as to justify a reduction. Having regard to the gravity of the offence and the need for general deterrence, no less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['intoxication' 'protective Custody' 'standard Non Parole Period' 'grievous Bodily Harm With Intent' 'general Deterrence']
['criminal Law' 'sentencing'] ['intoxication' 'protective Custody' 'standard Non Parole Period' 'grievous Bodily Harm With Intent' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the significance of the applicant's intoxication in determining objective seriousness and sentence." 'Whether the sentencing judge erred by failing to properly take into account that the applicant was employed by the NSW Police Service and would serve her sentence on protection.' 'Whether a less severe sentence was warranted in law under s6(3) Criminal Appeal Act, 1912.']

Ratio Decidendi

The sentencing judge did not err. Although the applicant was significantly intoxicated, her conduct was deliberate, she retained rational functioning, and intoxication did not materially mitigate an extremely serious offence. The evidence did not establish that protective custody made the sentence more onerous so as to justify a reduction. Having regard to the gravity of the offence and the need for general deterrence, no less severe sentence was warranted in law.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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