Carreno v The King

Case

[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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Appeal

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Cases Citing This Decision

8

R v Youseff (No 4) [2025] NSWSC 125
R v DJD [2023] NSWSC 1049
R v Murdoch [2023] NSWSC 786
Cases Cited

41

Statutory Material Cited

3

Baker v R [2022] NSWCCA 195
BP v R [2010] NSWCCA 159
Brooks v R [2006] NSWCCA 169