Slater v R [2024] NSWCCA 210

Slater v R [2024] NSWCCA 210

The sentencing judge did not err in finding the degree of recklessness to be at least moderate or objective seriousness as below mid-range but not at the bottom, nor was there error in not imposing a non-custodial sentence. The applicant was properly sentenced on the agreed basis of recklessness, and there is no third category based on a reasonable possibility of belief in consent. Leave to appeal is granted but the appeal is dismissed.

Parties
Applicant: Sean Joseph Slater; Respondent: Rex
Jurisdiction
Australia
Judgment Date
15 November 2024
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Sexual Assault, Objective Seriousness, Recklessness, Non Custodial Sentence, Crimes Act S 61 I
Criminal Law Sentence Appeal Sexual Assault Objective Seriousness Recklessness Non Custodial Sentence Crimes Act S 61 I

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Parties

Sean Joseph Slater

Applicant

Rex

Respondent

Procedural Posture

Criminal Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the sentencing judge erred in finding that the degree of recklessness was at least moderate and that the offence was below but not at the bottom of the range of objective seriousness
  2. 2 Whether the sentencing judge erred in not finding that a non-custodial sentence was available given the offender's circumstances

Ratio Decidendi

The sentencing judge did not err in finding the degree of recklessness to be at least moderate or objective seriousness as below mid-range but not at the bottom, nor was there error in not imposing a non-custodial sentence. The applicant was properly sentenced on the agreed basis of recklessness, and there is no third category based on a reasonable possibility of belief in consent. Leave to appeal is granted but the appeal is dismissed.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed