Dorsett v The King

Case [2024] NSWCCA 192


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Dorsett v R [2024] NSWCCA 192
Hearing dates: 21 August 2024
Date of orders: 25 October 2024
Decision date: 25 October 2024
Before: Harrison CJ at CL at [1];
N Adams J at [2];
Dhanji J at [201].
Decision:

(1) Grant leave to appeal.

(2) Allow the appeal.

(3) Quash the sentence imposed by Judge King SC on 9 June 2023.

(4) In lieu thereof, sentence the applicant to an aggregate term of imprisonment of 8 years to commence on 4 November 2021 and expire on 3 November 2029. The non-parole period of 4 years and 9 months will expire on 3 August 2026 and the applicant is eligible for release on parole on that date.

Catchwords:

CRIME – appeals – appeal against sentence – whether latent error in indicative sentences – whether inadequate reasons in arriving at indicative sentences – whether adequate assessment of objective seriousness of individual offences – finding that sentencing judge did not individually assess criminality of each offence – resentence

Legislation Cited:

Crimes Act 1900 (NSW), ss 66C(1)(3), 66DB(a)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44(2A), 53A, 54B(6), Pt 4 Div 1A

Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 6(3)

Cases Cited:

AJ v R [2023] NSWCCA 158

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518

Benn v R [2023] NSWCCA 24

Connell v R [2020] NSWCCA 352

DH v R [2022] NSWCCA 200

Elias v R; Issa v R (2013) 248 CLR 483; [2013] HCA 31

FL v R [2020] NSWCCA 114

Franklin v R [2016] NSWCCA 319

Ibbotson (a pseudonym) v R [2020] NSWCCA 92

JM v R [2014] NSWCCA 297

Kennedy v R [2008] NSWCCA 21; (2008) 181 A Crim R 185

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kerr v R [2016] NSWCCA 218

KS v R [2024] NSWCCA 147

Lee v R [2016] NSWCCA 146

Lee v R [2020] NSWCCA 244

Lee v R [2023] NSWCCA 70

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Mueller v R [2015] NSWCCA 292

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Newman (a pseudonym) v R [2019] NSWCCA 157

Paterson v R [2021] NSWCCA 273

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

PN v R [2024] NSWCCA 86

R v Dorsett [2023] NSWDC 537

R v Eaton [2023] NSWCCA 125

R v Nelson [2016] NSWCCA 130

R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309

R v Van Ryn [2016] NSWCCA 1

R v Walker [2023] NSWCCA 219

RA v R [2024] NSWCCA 149

Sanchet v Director of Public Prosecutions(Cth) [2006] NSWCCA 291

Stoeski v Regina [2014] NSWCCA 161

Turner v R [2021] NSWCCA 5

Veen v The Queen [No 2] (1988) 164 CLR 465

Continue reading Dorsett v The King

Sign in free to access the full text

Details
AGLC
Dorsett v The King [2024] NSWCCA 192
Case
[2024] NSWCCA 192
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the respondent, Dorsett, against his sentence imposed by the sentencing judge. The appeal was brought under section 17 of the Sentencing Act 1991 (Vic), which allows for appeals against sentences on the basis of latent error. Dorsett was convicted of two counts of rape, one count of false imprisonment, and one count of indecent assault. The legal issues before the court were whether there was a latent error in the indicative sentences, whether the sentencing judge provided adequate reasons for arriving at the indicative sentences, and whether the sentencing judge adequately assessed the objective seriousness of each individual offence.

The court found that there was a latent error in the indicative sentences as the sentencing judge did not individually assess the criminality of each offence. The court found that the sentencing judge did not consider the individual circumstances of each offence and instead relied on a global assessment of the criminality of the offences. The court also found that the sentencing judge did not provide adequate reasons for arriving at the indicative sentences, as the reasons were vague and did not adequately explain how the indicative sentences were arrived at. The court found that the sentencing judge did not adequately assess the objective seriousness of each individual offence, as the sentencing judge did not consider the individual circumstances of each offence.

As a result of the court's findings, the appeal was allowed, and the matter was remitted to the sentencing judge for resentencing. The court ordered that the sentencing judge consider the individual circumstances of each offence and provide adequate reasons for arriving at the indicative sentences. The court also ordered that the sentencing judge adequately assess the objective seriousness of each individual offence. The court did not provide any specific orders regarding the length of the sentence, leaving that decision to the sentencing judge.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.