R v Wickham [2004] NSWCCA 193

R v Wickham [2004] NSWCCA 193

Although the sentencing judge erred by considering the victim's vulnerability as an aggravating factor, as it was an element of the offence, and despite the applicant's poor health, no lesser sentence was warranted given the seriousness of the offences and the applicant's criminal record. The application for leave to appeal is granted, but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
17 June 2004
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'aggravating and Mitigating Factors' 'fresh Evidence on Appeal']
['criminal Law'] ['sentencing' 'aggravating and Mitigating Factors' 'fresh Evidence on Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether vulnerability of the victim and the intention of the applicant were wrongly considered as aggravating factors under s 21A(2)(l) Crimes (Sentencing Procedure) Act' "Whether the applicant's ill health should have been considered in mitigation of sentence" "Admissibility of fresh evidence regarding the applicant's health on sentence appeal"]

Ratio Decidendi

Although the sentencing judge erred by considering the victim's vulnerability as an aggravating factor, as it was an element of the offence, and despite the applicant's poor health, no lesser sentence was warranted given the seriousness of the offences and the applicant's criminal record. The application for leave to appeal is granted, but the appeal is dismissed.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

  • ['Application for leave to appeal is granted.' 'The appeal is dismissed.']