STB v R [2024] NSWCCA 36

STB v R [2024] NSWCCA 36

Although several errors were established with respect to the absence of findings on remorse and prospects of rehabilitation in the sentencing remarks, upon independent assessment, no lesser sentence is warranted in law; leave to appeal is granted but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Appeal Against Sentence / Decision on Application for Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing Appeals' 'sexual Offences Against Children' 'error in Sentencing' 'form 1 Offences' 'objective Seriousness' 'remorse' 'rehabilitation Prospects' 'risk of Reoffending']
['criminal Law'] ['sentencing Appeals' 'sexual Offences Against Children' 'error in Sentencing' 'form 1 Offences' 'objective Seriousness' 'remorse' 'rehabilitation Prospects' 'risk of Reoffending']

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Procedural Posture

Appeal Against Sentence / Decision on Application for Leave and Substantive Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to make findings on the applicant's prospect of rehabilitation and likelihood of reoffending." 'Whether the sentencing judge erred by failing to make a finding in relation to the issue of remorse.' "Whether the sentencing judge erred by failing to make a finding concerning the applicant's lack of previous convictions." 'Whether the sentence proceedings miscarried by erroneously including a repealed offence on form 1 which was taken into account on sentencing.']

Ratio Decidendi

Although several errors were established with respect to the absence of findings on remorse and prospects of rehabilitation in the sentencing remarks, upon independent assessment, no lesser sentence is warranted in law; 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.']