Hector v Regina [2003] NSWCCA 196

Hector v Regina [2003] NSWCCA 196

The reference to the victim being alone was not a circumstance of aggravation that exposed the applicant to a higher penalty or more serious charge, and thus did not render the sentence erroneous; the sentence imposed was not manifestly excessive given the seriousness of the offences and the applicant's antecedents.

Jurisdiction
Australia
Judgment Date
15 July 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'sexual Offences' 'sentencing Principles' 'aggravating Circumstances']
['criminal Law'] ['appeal Against Sentence' 'sexual Offences' 'sentencing Principles' 'aggravating Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing judge wrongly took into account a circumstance of aggravation appropriate to a charge not brought against the applicant' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The reference to the victim being alone was not a circumstance of aggravation that exposed the applicant to a higher penalty or more serious charge, and thus did not render the sentence erroneous; the sentence imposed was not manifestly excessive given the seriousness of the offences and the applicant's antecedents.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']