New South Wales
Court of Criminal Appeal
CITATION: NT v Regina Non-publication order [2007] NSWCCA 143 HEARING DATE(S): 24 April 2007
JUDGMENT DATE:
24 May 2007JUDGMENT OF: James J at 1; Rothman J at 2; Harrison J at 7 DECISION: Leave to appeal against sentence granted. Appeal against sentence dismissed. CATCHWORDS: CRIMINAL LAW - appeal against sentence - five counts aggravated indecent assault, two counts aggravated sexual assault, one count attempted aggravated sexual assault - offender step father of victim - victim 10 and 11 years of age at time of offences - whether overall sentence manifestly excessive taking into account applicant's early plea of guilty - whether sentencing outcome sufficiently reflective of the finding of exceptional features identified by sentencing judge LEGISLATION CITED: Crimes Act 1900 - ss 61(M)(1), 61(J)(1),
Crimes (Sentencing Procedure) Act 1999 - ss 21A(1), (2) & (3)CASES CITED: Pearce v The Queen (1988) 194 CLR 610
R v AD [2005] NSWCCA 208
R v BJW (2000) 112 A Crim R 1
R v Dent (Court of Criminal Appeal, 14 March 1991, unreported)
R v Doherty [2006] NSWCCA 133
R v Doolan [2006] NSWCCA 29
R v Kennedy [2000] NSWCCA 527
R v Hopkins [2004] NSWCCA 105
R v Reyes [2005] NSWCCA 218
R v Sangalang [2005] NSWCCA 171
R v Simpson (2001) 53 NSWLR 704
R v Slack [2004] NSWCCA 128
R v Thomson and Houlton (2000) 49 NSWLR 383
R v TV [2006] NSWCCA 174
R v Way (2004) 60 NSWLR 168PARTIES: NT (Applicant)
Regina (Respondent)FILE NUMBER(S): CCA 2007/696 COUNSEL: C Loukas (Applicant)
J Dwyer (Crown)SOLICITORS: S O'Connor, Solicitor for the Legal Aid Commission of New South Wales (Applicant)
S Kavanagh (Solicitor for Public Prosecutions)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/61/0063; 06/61/0553 LOWER COURT JUDICIAL OFFICER: Marien DCJ LOWER COURT DATE OF DECISION: 25 August 2006 (date of sentence)
2007/696
24 May 2007JAMES J
ROTHMAN J
HARRISON J
1 JAMES J: I agree with Harrison J.
2 ROTHMAN J: I have had the advantage of reading the reasons for judgment of Harrison J and I generally agree with those reasons. I agree with the orders proposed by his Honour.
3 His Honour refers to the sentencing judge’s remarks on sentence and to the fact that authority reveals that cases of sexual assault upon young children are properly to be regarded as crimes of the utmost seriousness.
4 The relative seriousness of a criminal offence, including sexual assault, compared with other criminal offences is a matter determined by the legislature. It is an unenviable task imposed upon sentencing judges, even for those offences that are themselves repulsive, to determine where the particular offence committed fits within the range of criminality described by the offence in question. Thus, it is a sentencing judge’s task to determine whether a particular sexual assault is mid range, worst case or some other category within the range of sexual assaults covered by the…
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- Case
- [2007] NSWCCA 143
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the overall sentence imposed was manifestly excessive and whether it appropriately reflected the exceptional features identified by the sentencing judge. The court noted the severity of the offences, the vulnerability of the victim, and the appellant's position of trust as the victim's step-father. The court also considered the principle that a sentence should not be manifestly excessive and the need for the sentence to be reflective of the exceptional features of the case.
In assessing the appeal, the court found that while the sentence was severe, it was not manifestly excessive. The court recognised the gravity of the offences and the need for deterrence and denunciation. The court also found that the sentence adequately reflected the exceptional features of the case, including the appellant's early plea of guilty and the vulnerability of the victim. The appeal was dismissed, and the original sentence was upheld.
No specific orders were made by the court beyond the dismissal of the appeal and the upholding of the original sentence.
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