Franklin v R [2013] NSWCCA 122

Franklin v R [2013] NSWCCA 122

The sentencing judge identified separate sentences for separate sexual acts and expressly considered accumulation and totality. Although the offences occurred during one episode, each act involved separate criminality against a vulnerable 14 year old victim in the applicant's care. Some accumulation was necessary, and the structure chosen was open to the sentencing judge; the sentencing discretion had not miscarried and the total effective sentence was not shown to be excessive.

Jurisdiction
Australia
Judgment Date
24 May 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'aggravated Sexual Intercourse With a Child' 'aggravated Indecent Assault' 'accumulation of Sentences' 'totality Principle' 'manifest Excess']
['criminal Law' 'sentencing'] ['sentence Appeal' 'aggravated Sexual Intercourse With a Child' 'aggravated Indecent Assault' 'accumulation of Sentences' 'totality Principle' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the extent of the accumulation of the sentences was excessive.' 'Whether the sentencing judge failed to adequately take into account the principle of totality.' 'Whether the total effective sentence imposed was excessive in all the circumstances.']

Ratio Decidendi

The sentencing judge identified separate sentences for separate sexual acts and expressly considered accumulation and totality. Although the offences occurred during one episode, each act involved separate criminality against a vulnerable 14 year old victim in the applicant's care. Some accumulation was necessary, and the structure chosen was open to the sentencing judge; the sentencing discretion had not miscarried and the total effective sentence was not shown to be excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']