SW v R [2013] NSWCCA 255

SW v R [2013] NSWCCA 255

The application was refused because no Muldrock error was demonstrated, the sentencing judge properly assessed both objective and subjective factors, the age of the victim and the use of authority were aggravating, sexual gratification was a rational finding, and the sentence was not manifestly excessive; no sufficient prospect of success or explanation for delay was provided.

Parties
Applicant: SW; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
Application for extension of time to appeal against sentence refused
Legal Topics
Sentence Appeal, Sexual Offences Against Children, Standard Non Parole Period, Principles From Muldrock V the Queen, Manifest Excess, Assessment of Objective Gravity, Extension of Time to Appeal
Criminal Law Sentence Appeal Sexual Offences Against Children Standard Non Parole Period Principles From Muldrock V the Queen Manifest Excess Assessment of Objective Gravity Extension of Time to Appeal

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Parties

SW

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether there was Muldrock error in the application of the standard non-parole period legislation
  2. 2 Whether the sentencing judge erred in assessment of the objective gravity of the offence
  3. 3 Whether finding that the age of the complainant was a highly aggravating factor was an error

Ratio Decidendi

The application was refused because no Muldrock error was demonstrated, the sentencing judge properly assessed both objective and subjective factors, the age of the victim and the use of authority were aggravating, sexual gratification was a rational finding, and the sentence was not manifestly excessive; no sufficient prospect of success or explanation for delay was provided.

Court Disposition

Application for extension of time to appeal against sentence refused

Orders

  • Application for extension of time to appeal refused