Regina v Donald Many [1999] NSWCCA 241

Regina v Donald Many [1999] NSWCCA 241

Counts 14, 15, 17 and 28 were charged under the Film and Videotape Classification Act 1984 even though that Act had been repealed with effect from 1 January 1996 and the applicant was charged on 6 April 1997 for alleged offences committed between 1 January 1996 and 1 April 1997; the sentences on those counts therefore could not stand. For the remaining counts, the primary judge was fully and correctly seized of the relevant objective and subjective matters and no latent or patent sentencing error was demonstrated, so appellate intervention was not justified.

Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal From District Court Sentences Imposed After Guilty Pleas
Outcome
Leave to appeal against sentence granted; appeal against sentence allowed for counts 14, 15, 17 and 28 and the imprisonment terms for those counts quashed; appeals against all other sentences dismissed.
Legal Topics
['sexual Offences Against Children' 'appeal Against Sentence' 'repealed Legislation' 'guilty Plea Discount' 'contrition' 'rehabilitation' 'objective Seriousness and Subjective Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['sexual Offences Against Children' 'appeal Against Sentence' 'repealed Legislation' 'guilty Plea Discount' 'contrition' 'rehabilitation' 'objective Seriousness and Subjective Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal From District Court Sentences Imposed After Guilty Pleas

Legal Issues

  1. 1 ['Whether sentences imposed for counts 14, 15, 17 and 28 could stand where those counts were charged under legislation repealed before the offences were charged.' 'Whether error was demonstrated in the primary sentencing process for the remaining sentences so as to justify appellate intervention.' "Whether the sentencing judge failed to give sufficient weight to the applicant's guilty pleas, contrition and prospects of rehabilitation."]

Ratio Decidendi

Counts 14, 15, 17 and 28 were charged under the Film and Videotape Classification Act 1984 even though that Act had been repealed with effect from 1 January 1996 and the applicant was charged on 6 April 1997 for alleged offences committed between 1 January 1996 and 1 April 1997; the sentences on those counts therefore could not stand. For the remaining counts, the primary judge was fully and correctly seized of the relevant objective and subjective matters and no latent or patent sentencing error was demonstrated, so appellate intervention was not justified.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence allowed for counts 14, 15, 17 and 28 and the imprisonment terms for those counts quashed; appeals against all other sentences dismissed.

Orders

  • ['That leave to appeal against sentence be granted.' 'That as to counts 14, 15, 17 and 28 in the indictment the appeal against sentence be allowed, and the term of imprisonment to which the applicant was sentenced in respect of each of those matters be quashed.' 'That as to all the other sentences imposed upon the...