WAP v R [2017] NSWCCA 212

WAP v R [2017] NSWCCA 212

The sentencing Judge did not err in taking into account the presence of the knife and threats in assessing objective seriousness; did not infringe the De Simoni principle as no impermissible aggravating factors were relied upon. Substantial harm to the victim was appropriately inferred from the facts. Delay and totality were weighed adequately; no error demonstrated. Aggregate sentence imposed fell within proper discretion for offences of considerable gravity; not manifestly excessive. All grounds of appeal fail.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal Against Sentence, Appeal Determination
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'sexual Offences' 'armed Robbery' 'aggregate Sentences' 'de Simoni Principle' 'totality Principle' 'manifest Excess' 'harm to Victim']
['criminal Law'] ['sentence Appeal' 'sexual Offences' 'armed Robbery' 'aggregate Sentences' 'de Simoni Principle' 'totality Principle' 'manifest Excess' 'harm to Victim']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Leave to Appeal Against Sentence, Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing Judge infringed the De Simoni principle by taking into account aggravating factors relevant to more serious offences' 'Whether error was made in assessing harm to the victim without a victim impact statement' "Whether adequate weight was given to delay and the totality principle relating to the Applicant's other offences" 'Whether sentences imposed were manifestly excessive and did not reflect sentencing practices at the time of offending']

Ratio Decidendi

The sentencing Judge did not err in taking into account the presence of the knife and threats in assessing objective seriousness; did not infringe the De Simoni principle as no impermissible aggravating factors were relied upon. Substantial harm to the victim was appropriately inferred from the facts. Delay and totality were weighed adequately; no error demonstrated. Aggregate sentence imposed fell within proper discretion for offences of considerable gravity; not manifestly excessive. All grounds of appeal fail.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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