Glover v R [2009] NSWCCA 48

Glover v R [2009] NSWCCA 48

The sentencing judge erred in finding the offence was of the 'worst type' in the absence of Crown submission and in imposing a manifestly excessive sentence, as demonstrated by comparable statistics, the applicant's subjective factors, and his plea of guilty. Accordingly, the sentence was quashed and a less severe sentence imposed.

Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; applicant re-sentenced
Legal Topics
['sentencing' 'aggravated Sexual Intercourse Without Consent' 'objective Seriousness of Offence' 'manifest Excess in Sentencing']
['criminal Law'] ['sentencing' 'aggravated Sexual Intercourse Without Consent' 'objective Seriousness of Offence' 'manifest Excess in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the offence was correctly characterised as 'of the worst type'" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge erred in finding the offence was of the 'worst type' in the absence of Crown submission and in imposing a manifestly excessive sentence, as demonstrated by comparable statistics, the applicant's subjective factors, and his plea of guilty. Accordingly, the sentence was quashed and a less severe sentence imposed.

Court Disposition

Appeal allowed; sentence quashed; applicant re-sentenced

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed in the District Court.' 'In substitution, sentence the applicant to a non-parole period of 8 years to commence on 3 December 2006 with a total term of imprisonment of 12 years to commence on 3 December 2006. The total term will expire on 2...