R v Swan

• 1. Criminal Law
  2. › Sentence appeal
  3. › Severity
  4. › Intellectual disability
  5. › Whether sentencing judge took intellectual disability into account in determining head sentence as distinct from non-parole period
  6. › Crimes Act 1900 (NSW), ss 95(1), 98
• 1. Criminal Law
  2. › Sentence appeal
  3. › General deterrence
  4. › Intellectual disability
  5. › Whether general deterrence accorded less weight where offender has intellectual disability
  6. › Whether principle that individuals must not take law into own hands is attenuated by intellectual disability
• 1. Criminal Law
  2. › Sentence appeal
  3. › Personal deterrence
  4. › Sexual abuse of offender by victim
  5. › Whether need for personal deterrence lessened where offence motivated by retaliation for prior sexual abuse
  6. › Whether prior offences indicate behaviour not isolated
• 1. Criminal Law
  2. › Sentence appeal
  3. › Disparity
  4. › Co-offenders sentenced by same judge
  5. › Whether appellate court should be cautious before finding justifiable sense of grievance where same judge sentenced both offenders with detailed reasons

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