Drew v R [2016] NSWCCA 310

Drew v R [2016] NSWCCA 310

The sentencing judge erred in treating the victim's vulnerability as an aggravating factor based on her Aboriginality without sufficient evidence, but the sentence imposed was otherwise available in law given the seriousness of the offence and the applicant's criminal history; leave to appeal granted but appeal dismissed as no lesser sentence was warranted.

Parties
Applicant: Thomas Frederick Drew; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Domestic Violence, Aggravating Factors, Vulnerability of Victim, Worst Category, Manifestly Excessive, Judicial Notice
Criminal Law Sentence Appeal Domestic Violence Aggravating Factors Vulnerability of Victim Worst Category Manifestly Excessive Judicial Notice

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Parties

Thomas Frederick Drew

Applicant

Regina

Respondent

Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether sentencing judge erred in finding offence aggravated by vulnerability due to Aboriginality
  2. 2 Whether sentencing judge erred in finding offence in 'worst case' category
  3. 3 Whether sentence was manifestly excessive

Ratio Decidendi

The sentencing judge erred in treating the victim's vulnerability as an aggravating factor based on her Aboriginality without sufficient evidence, but the sentence imposed was otherwise available in law given the seriousness of the offence and the applicant's criminal history; leave to appeal granted but appeal dismissed as no lesser sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed