The Queen v Lindsay A.J. [1995] FCA 706

The Queen v Lindsay A.J. [1995] FCA 706

The sentence imposed by Higgins J was within the discretion available to him, taking into account the offender’s diminished moral responsibility, personal circumstances, rehabilitative prospects, and the absence of prior convictions; no error in principle or assessment was demonstrated that warranted appellate intervention.

Parties
Appellant: The Queen; Respondent: Alan James Lindsay
Jurisdiction
Australia
Judgment Date
04 September 1995
Procedural Posture
Criminal Appeal / Appeal From Supreme Court to Federal Court
Outcome
appeal dismissed
Legal Topics
Sentencing, Crown Appeals, Rehabilitation, Mitigation, Moral Responsibility, Assault With Intent to Engage in Sexual Intercourse
Criminal Law Sentencing Crown Appeals Rehabilitation Mitigation Moral Responsibility Assault With Intent to Engage in Sexual Intercourse

Case Brief

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Parties

The Queen

Appellant

Alan James Lindsay

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court to Federal Court

Legal Issues

  1. 1 Whether the suspended sentence imposed for assault with intent to engage in sexual intercourse was inadequate
  2. 2 Whether the sentencing judge erred in principle or assessment leading to leniency

Ratio Decidendi

The sentence imposed by Higgins J was within the discretion available to him, taking into account the offender’s diminished moral responsibility, personal circumstances, rehabilitative prospects, and the absence of prior convictions; no error in principle or assessment was demonstrated that warranted appellate intervention.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed