R v Sharrock [1999] NSWCCA 289

R v Sharrock [1999] NSWCCA 289

The prior structuring of minimum and additional terms in relation to the second victim did not reflect the trial judge's finding of special circumstances. To give effect to these findings, the appropriate sentence is a minimum term of ten years with an additional term of six years. Otherwise, the sentences imposed for other victims were confirmed. The trial judge's error in arithmetic was immaterial to the result.

Jurisdiction
Australia
Judgment Date
06 September 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; Sentences for offences against second victim quashed and resentenced; Remaining sentences confirmed.
Legal Topics
['sentencing' 'aggravated Sexual Assault' 'totality Principle']
['criminal Law'] ['sentencing' 'aggravated Sexual Assault' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for aggravated sexual assault imposed was manifestly excessive' 'Whether the trial judge erred in structuring the minimum and additional terms given findings of special circumstances' 'Whether error in applying statutory order requires intervention']

Ratio Decidendi

The prior structuring of minimum and additional terms in relation to the second victim did not reflect the trial judge's finding of special circumstances. To give effect to these findings, the appropriate sentence is a minimum term of ten years with an additional term of six years. Otherwise, the sentences imposed for other victims were confirmed. The trial judge's error in arithmetic was immaterial to the result.

Court Disposition

Leave to appeal granted; Sentences for offences against second victim quashed and resentenced; Remaining sentences confirmed.

Orders

  • ['Leave to appeal granted.' 'Sentences for offences of aggravated sexual assault without consent against second victim quashed.' 'In lieu thereof, applicant be sentenced to a minimum term of penal servitude of ten years commencing 10 June 2003, expiring 9 June 2013, and an additional term of six years commencing 10...