Jung v R [2017] NSWCCA 24

Jung v R [2017] NSWCCA 24

The sentencing Judge was entitled to find that no causal link was established between any suggested mental problem and the commission of the offences, particularly in light of the Applicant's own evidence. The aggregate sentence was open and not manifestly excessive because the offences were repeated serious indecent assaults by a registered physiotherapist against six female patients during treatment, involved gross breaches of trust and ethical obligations, required appropriate punishment and general deterrence, and justified partial accumulation.

Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed by the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['indecent Assault' 'sentence Appeal' 'manifest Excess' 'mental Condition on Sentence' 'breach of Trust' 'aggregate Sentence' 'general Deterrence']
['criminal Law' 'sentencing'] ['indecent Assault' 'sentence Appeal' 'manifest Excess' 'mental Condition on Sentence' 'breach of Trust' 'aggregate Sentence' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against an Aggregate Sentence Imposed by the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the sentencing Judge erred in not finding that the Applicant's mental illness contributed to the commission of the offences and mitigated his moral culpability." 'Whether the aggregate sentence of imprisonment for five years with a non-parole period of three years and six months was manifestly excessive.']

Ratio Decidendi

The sentencing Judge was entitled to find that no causal link was established between any suggested mental problem and the commission of the offences, particularly in light of the Applicant's own evidence. The aggregate sentence was open and not manifestly excessive because the offences were repeated serious indecent assaults by a registered physiotherapist against six female patients during treatment, involved gross breaches of trust and ethical obligations, required appropriate punishment and general deterrence, and justified partial accumulation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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