SDS v R [2009] NSWCCA 159

SDS v R [2009] NSWCCA 159

The sentences imposed fell within the legitimate range of sentencing discretion, with due regard given to the applicant's mental condition and prospects of rehabilitation; appeal did not establish any error warranting intervention.

Jurisdiction
Australia
Judgment Date
10 June 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determined
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'sexual Offences' 'mental Condition in Sentencing' 'historical Offences']
['criminal Law'] ['sentencing' 'sexual Offences' 'mental Condition in Sentencing' 'historical Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determined

Legal Issues

  1. 1 ['Whether sentences imposed for sexual intercourse with a child under authority were manifestly excessive' "Whether the sentencing judge gave adequate weight to applicant's mental condition" 'Whether the sentencing judge failed to find good prospects of rehabilitation and unlikelihood of re-offending']

Ratio Decidendi

The sentences imposed fell within the legitimate range of sentencing discretion, with due regard given to the applicant's mental condition and prospects of rehabilitation; appeal did not establish any error warranting intervention.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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