R v LS; R v MH [2020] NSWCCA 148

R v LS; R v MH [2020] NSWCCA 148

The Court held that the sentences imposed on LS and MH were manifestly inadequate and failed to reflect the objective and subjective gravity of the offences, particularly the breaching of trust by parents in the production and dissemination of explicit material involving their infant children. Errors in application of Form One offences and unwarranted findings related to psychological diagnoses further undermined the sentencing exercise. The Court quashed the original sentences and resentenced LS and MH to substantially longer terms of imprisonment that appropriately reflected the seriousness of their crimes, with adjusted non-parole periods to reflect special circumstances.

Parties
Appellant: The Crown; Respondent: LS; Respondent: MH
Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence
Outcome
Crown appeal upheld; original sentences quashed; LS and MH resentenced to longer terms of imprisonment with increased non-parole periods.
Legal Topics
Sentencing, Child Abuse Material Offences, Aggravated Indecent Assault, General and Specific Deterrence, Objective and Subjective Seriousness, Resentencing, Crown Appeals, Crimes Involving Breach of Trust, Aggregate Sentencing
Criminal Law Sentencing Child Abuse Material Offences Aggravated Indecent Assault General and Specific Deterrence Objective and Subjective Seriousness Resentencing Crown Appeals +2 more

Case Brief

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Parties

The Crown

Appellant

LS

Respondent

MH

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentences imposed on LS and MH were manifestly inadequate
  2. 2 Whether the sentencing judge erred in the assessment of objective gravity and the application of relevant legal principles
  3. 3 Whether errors in applying Form One offences under the Crimes (Sentencing Procedure) Act 1999 warranted appellate intervention

Ratio Decidendi

The Court held that the sentences imposed on LS and MH were manifestly inadequate and failed to reflect the objective and subjective gravity of the offences, particularly the breaching of trust by parents in the production and dissemination of explicit material involving their infant children. Errors in application of Form One offences and unwarranted findings related to psychological diagnoses further undermined the sentencing exercise. The Court quashed the original sentences and resentenced LS and MH to substantially longer terms of imprisonment that appropriately reflected the seriousness of their crimes, with adjusted non-parole periods to reflect special circumstances.

Court Disposition

Crown appeal upheld; original sentences quashed; LS and MH resentenced to longer terms of imprisonment with increased non-parole periods.

Orders

  • The Crown's appeal against the aggregate sentence imposed upon LS is upheld.
  • The sentence imposed upon LS in the District Court on 6 March 2020 is quashed.