McClelland v R [2019] NSWCCA 59

McClelland v R [2019] NSWCCA 59

The Crown's submissions regarding objective seriousness did not constitute binding concessions and the sentencing judge did not commit procedural unfairness. The judge appropriately assessed objective seriousness for all counts, including detain for advantage, and an aggregate sentence of 12 years with a 7-year non-parole period was neither unreasonable nor plainly unjust given the seriousness and totality of the criminality.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeals Against Sentence' 'objective Seriousness Assessment' 'procedural Fairness' 'aggregate Sentencing' 'detain for Advantage' 'sexual Offences']
['criminal Law'] ['appeals Against Sentence' 'objective Seriousness Assessment' 'procedural Fairness' 'aggregate Sentencing' 'detain for Advantage' 'sexual Offences']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred by making findings as to objective seriousness contrary to Crown concessions' "Whether Crown's submissions on objective seriousness constituted binding concessions" 'Whether sentencing judge erred in assessment of objective seriousness for detain offences by relying on irrelevant considerations' 'Whether aggregate sentence imposed was unreasonable or plainly unjust']

Ratio Decidendi

The Crown's submissions regarding objective seriousness did not constitute binding concessions and the sentencing judge did not commit procedural unfairness. The judge appropriately assessed objective seriousness for all counts, including detain for advantage, and an aggregate sentence of 12 years with a 7-year non-parole period was neither unreasonable nor plainly unjust given the seriousness and totality of the criminality.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']