ST v R [2017] NSWCCA 245

ST v R [2017] NSWCCA 245

There was no error or miscarriage in the use of the chronological indictment during sentencing as it was a procedural aide, not a substantive irregularity; the sentencing judge did not double count aggravating features that were elements of the offences; and the aggregate sentence imposed was within the proper range having regard to the seriousness and circumstances of the offending and offender.

Parties
Applicant: ST; Crown: Regina
Jurisdiction
Australia
Judgment Date
11 October 2017
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Aggravated Sexual Assault, Procedural Fairness, Manifest Excess, Presentation of Indictment, Double Counting of Aggravating Factors
Criminal Law Appeal Against Sentence Aggravated Sexual Assault Procedural Fairness Manifest Excess Presentation of Indictment Double Counting of Aggravating Factors

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Parties

ST

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence proceedings miscarried as the indictment was not properly presented
  2. 2 Whether sentencing judge double counted as an aggravating factor an element of the offence
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

There was no error or miscarriage in the use of the chronological indictment during sentencing as it was a procedural aide, not a substantive irregularity; the sentencing judge did not double count aggravating features that were elements of the offences; and the aggregate sentence imposed was within the proper range having regard to the seriousness and circumstances of the offending and offender.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed