TP v R [2018] NSWCCA 140

TP v R [2018] NSWCCA 140

The sentence was not manifestly excessive because the sentencing judge properly treated the offending as involving separate and distinct sexual offences within one episode, appropriately considered totality and the use of an aggregate sentence, gave proper weight to the applicant's favourable subjective circumstances, and balanced them against the objective seriousness of multiple offences involving a serious breach of trust by a father against his 14-year-old daughter in a home environment where she was entitled to feel safe. The short duration of the offending and the fact that the penetration was digital did not make the sentence unreasonable or plainly unjust, and the maximum...

Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['sexual Offending Against a Child' 'manifestly Excessive Sentence' 'aggregate Sentence' 'totality Principle' 'general Deterrence' 'breach of Trust']
['criminal Law' 'sentencing'] ['sexual Offending Against a Child' 'manifestly Excessive Sentence' 'aggregate Sentence' 'totality Principle' 'general Deterrence' 'breach of Trust']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the aggregate sentence of 9 years and 6 months imprisonment with a non-parole period of 6 years and 2 months was manifestly excessive.' 'Whether the sentencing judge properly accounted for totality where the offences formed one episode of criminality.' "Whether the short duration of the offending and the applicant's subjective circumstances warranted a lesser sentence."]

Ratio Decidendi

The sentence was not manifestly excessive because the sentencing judge properly treated the offending as involving separate and distinct sexual offences within one episode, appropriately considered totality and the use of an aggregate sentence, gave proper weight to the applicant's favourable subjective circumstances, and balanced them against the objective seriousness of multiple offences involving a serious breach of trust by a father against his 14-year-old daughter in a home environment where she was entitled to feel safe. The short duration of the offending and the fact that the penetration was digital did not make the sentence unreasonable or plainly unjust, and the maximum...

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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