SR v R [2024] NSWCCA 109
There was no denial of procedural fairness as the applicant was provided a full opportunity to make submissions and the sentencing judge's remarks regarding special circumstances did not preclude further submissions or indicate a fixed determination. The aggregate sentence imposed was justified by the number, seriousness, and duration of the offences and was not manifestly excessive, reflecting the totality of the offending.
- Jurisdiction
- Australia
- Judgment Date
- 05 August 2024
- Procedural Posture
- Appeal Against Sentence / Application for Leave to Appeal; Determination on Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'child Sexual Offences' 'procedural Fairness' 'manifest Excess']
Case Brief
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Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal; Determination on Appeal
Legal Issues
- 1 ["Whether the applicant was denied procedural fairness in respect of the sentencing judge's findings regarding special circumstances" 'Whether the aggregate sentence imposed was manifestly excessive']
Ratio Decidendi
There was no denial of procedural fairness as the applicant was provided a full opportunity to make submissions and the sentencing judge's remarks regarding special circumstances did not preclude further submissions or indicate a fixed determination. The aggregate sentence imposed was justified by the number, seriousness, and duration of the offences and was not manifestly excessive, reflecting the totality of the offending.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Grant leave to appeal' 'Dismiss the appeal']
Full Case Text
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