Mottram v Regina [2009] NSWCCA 210

Mottram v Regina [2009] NSWCCA 210

Although the sentencing judge did not specifically refer to then-prevailing practice in fixing non-parole periods for historical offences, the overall sentence already significantly favoured the applicant, particularly due to concurrent sentences for multiple serious offences. No lesser sentence was warranted in law and the appeal should not be allowed.

Parties
Applicant: William Albert Mottram; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Historical Sexual Offences, Sentencing Practices, Non Parole Period, Concurrency and Cumulation of Sentences, General Deterrence
Criminal Law Sentence Appeal Historical Sexual Offences Sentencing Practices Non Parole Period Concurrency and Cumulation of Sentences General Deterrence

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Parties

William Albert Mottram

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the non-parole period was manifestly excessive in light of sentencing practice at the time of the offences
  2. 2 Whether the sentencing judge erred by not aligning the non-parole period with prevailing practice from the 1970s and 1980s
  3. 3 Whether other sentence was warranted in law under s6(3) Criminal Appeal Act 1912

Ratio Decidendi

Although the sentencing judge did not specifically refer to then-prevailing practice in fixing non-parole periods for historical offences, the overall sentence already significantly favoured the applicant, particularly due to concurrent sentences for multiple serious offences. No lesser sentence was warranted in law and the appeal should not be allowed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is dismissed.