Carreno v The King
Case
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[2023] NSWCCA 20
•17 February 2023
Details
AGLC
Case
Decision Date
Carreno v The King [2023] NSWCCA 20
[2023] NSWCCA 20
17 February 2023
CaseChat Overview and Summary
The case of Carreno v The King involved the appellant, Carreno, appealing against his sentence, contending that the sentence imposed by the sentencing judge was manifestly excessive. The appeal was heard in the High Court of Australia. Carreno was convicted of aggravated sexual assault and aggravated break and enter and commit felony, and had been sentenced to a term of imprisonment with a non-parole period. The appeal centred around whether the sentence was excessively harsh and whether the sentencing judge failed to consider the causal connection between the appellant's youth or immaturity and his offending behaviour.
The legal issues before the court were whether the sentence imposed was manifestly excessive, whether the sentencing judge failed to take into account a causal connection between the appellant's youth or immaturity and his offending, and whether the sentencing judge failed to provide sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court also considered whether the indicative sentences and the aggregate sentence were outside the reasonable range or were unreasonable or unjust.
In its decision, the court held that the sentencing judge was entitled to deal with the issue of the appellant's youth in the manner that he did. The court found that the sentencing judge had appropriately appreciated the appellant's youth at the time of the offending and had not failed to take into account a causal connection between the appellant's youth or immaturity and his offending. The court also found that the sentencing judge had provided sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court further held that the indicative sentences and the aggregate sentence were not outside the reasonable range and were not unreasonable or unjust. The appeal was dismissed.
The legal issues before the court were whether the sentence imposed was manifestly excessive, whether the sentencing judge failed to take into account a causal connection between the appellant's youth or immaturity and his offending, and whether the sentencing judge failed to provide sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court also considered whether the indicative sentences and the aggregate sentence were outside the reasonable range or were unreasonable or unjust.
In its decision, the court held that the sentencing judge was entitled to deal with the issue of the appellant's youth in the manner that he did. The court found that the sentencing judge had appropriately appreciated the appellant's youth at the time of the offending and had not failed to take into account a causal connection between the appellant's youth or immaturity and his offending. The court also found that the sentencing judge had provided sufficient reasons for finding no causal connection between the appellant's youth or immaturity and his offending. The court further held that the indicative sentences and the aggregate sentence were not outside the reasonable range and were not unreasonable or unjust. The appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Appeal
Actions
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Citations
Carreno v The King [2023] NSWCCA 20
Most Recent Citation
R v Youseff (No 4) [2025] NSWSC 125
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[2025] NSWSC 125
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[2023] NSWSC 1049
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[2023] NSWSC 786
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Statutory Material Cited
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