R v Packer [2023] NSWCCA 87

R v Packer [2023] NSWCCA 87

The sentencing judge erred by giving no weight to the substantial emotional harm suffered by NB. Davies J, with Wilson J agreeing, held that the evidence established beyond real doubt that NB suffered substantial emotional harm well beyond what could ordinarily be expected, and that the harm aggravated each count...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 April 2023
Procedural Posture
Crown Appeal Against Sentence / Appeal From Sentence Imposed in the District Court of NSW on 13 August 2021; Resentencing
Outcome
Appeal upheld; sentence quashed; respondent resentenced to a longer aggregate sentence.
Legal Topics
['crown Appeal Against Sentence for Inadequacy' 'sexual Intercourse Without Consent' 'recording, Distributing and Threatening to Distribute Intimate Images Without Consent' 'substantial Emotional Harm as an Aggravating Factor' 'crimes (sentencing Procedure) Act 1999 (nsw) S 21 A(2)(g)' 'aggregate Sentencing' 'totality Principle' 'manifest Inadequacy']
['criminal Law' 'sentencing' 'criminal Appeals'] ['crown Appeal Against Sentence for Inadequacy' 'sexual Intercourse Without Consent' 'recording, Distributing and Threatening to Distribute Intimate Images Without Consent' 'substantial Emotional Harm as an Aggravating Factor' 'crimes (sentencing Procedure) Act 1999 (nsw) S 21 A(2)(g)' 'aggregate Sentencing' 'totality Principle' 'manifest Inadequacy']

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Procedural Posture

Crown Appeal Against Sentence / Appeal From Sentence Imposed in the District Court of NSW on 13 August 2021; Resentencing

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account that the emotional harm suffered by complainant NB was substantial as an aggravating factor pursuant to s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the sentencing judge misapplied the principle of totality in setting the aggregate sentence.' 'Whether the aggregate sentence was manifestly inadequate.' 'Whether the Court should exercise the residual discretion not to intervene in a Crown sentence appeal.' 'What sentence should be imposed on resentencing.']

Ratio Decidendi

The sentencing judge erred by giving no weight to the substantial emotional harm suffered by NB. Davies J, with Wilson J agreeing, held that the evidence established beyond real doubt that NB suffered substantial emotional harm well beyond what could ordinarily be expected, and that the harm aggravated each count relating to NB, including the dissemination offences and the sexual intercourse offences. Simpson AJA held that even if the harm could not be tied to an individual offence under s 21A(2)(g), it should have been taken into account when selecting the aggregate sentence. That failure, together with the inadequate degree of accumulation in the aggregate sentence when measured against...

Court Disposition

Appeal upheld; sentence quashed; respondent resentenced to a longer aggregate sentence.

Orders

  • ['Appeal upheld.' 'Quash the sentence imposed in the District Court on 13 August 2021.' 'In lieu, sentence the respondent to an aggregate sentence of 17 years commencing 13 August 2020 and expiring 12 August 2037 with a non-parole period of 12 years expiring 12 August 2032.' 'The respondent will be first eligible...