Young (a pseudonym) v R [2021] NSWCCA 163

Young (a pseudonym) v R [2021] NSWCCA 163

The sentencing judge erred by applying a standard non-parole period to offences (Sequences 11 and 12) for which none applied at the relevant time, and erred in indicative sentence calculation; the appeal is allowed, and the appellate court re-exercises sentencing discretion, imposing an aggregate sentence of 18 years imprisonment with a non-parole period of 13 years and 6 months, with individual notional sentences indicated per the judgment's schedule.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Criminal Appeal / Leave to Appeal and Resentencing
Outcome
Appeal allowed, applicant re-sentenced
Legal Topics
['sentencing' 'sexual Offences' 'standard Non Parole Periods' 'aggregate Sentences' 'appellate Review' 'child Protection']
['criminal Law'] ['sentencing' 'sexual Offences' 'standard Non Parole Periods' 'aggregate Sentences' 'appellate Review' 'child Protection']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Resentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying standard non-parole periods to offences where none applied at the time of offending' 'Whether the indicative sentences and aggregate sentence imposed were affected by legal error' 'Whether a lesser sentence is warranted after re-exercise of discretion']

Ratio Decidendi

The sentencing judge erred by applying a standard non-parole period to offences (Sequences 11 and 12) for which none applied at the relevant time, and erred in indicative sentence calculation; the appeal is allowed, and the appellate court re-exercises sentencing discretion, imposing an aggregate sentence of 18 years imprisonment with a non-parole period of 13 years and 6 months, with individual notional sentences indicated per the judgment's schedule.

Court Disposition

Appeal allowed, applicant re-sentenced

Orders

  • ['The applicant be granted leave to appeal' 'The appeal be allowed' 'Set aside the aggregate sentence imposed by Judge Colefax SC on 12 June 2020' 'Impose an aggregate sentence of 18 years imprisonment commencing 14 January 2018 and expiring 13 January 2036' 'Pursuant to s 44(2A) of the Crimes (Sentencing Procedure)...