R v TJH [2001] NSWCCA 433

R v TJH [2001] NSWCCA 433

The sentences imposed and accumulated were within range and appropriately reflected the applicant’s criminality, with no error of sentencing principle; the discounts for pleas and other mitigating factors were adequately applied; and there was no basis for finding further special circumstances. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
19 October 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Sentence' 'aggravated Sexual Assault' 'indecent Sexual Assault' 'sexual Offences Against Children' 'failure to Complete Rehabilitation Program' 'accumulation of Sentences' 'special Circumstances in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'aggravated Sexual Assault' 'indecent Sexual Assault' 'sexual Offences Against Children' 'failure to Complete Rehabilitation Program' 'accumulation of Sentences' 'special Circumstances in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether correct starting point for sentence was applied' 'Whether accumulation of sentences was appropriate' 'Whether sentencing Judge erred in finding or not finding special circumstances' 'Assessment of failure to complete Cedar Cottage programme']

Ratio Decidendi

The sentences imposed and accumulated were within range and appropriately reflected the applicant’s criminality, with no error of sentencing principle; the discounts for pleas and other mitigating factors were adequately applied; and there was no basis for finding further special circumstances. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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