CRIMINAL LAW - Appeal - Muldrock error - Where sentencing judge engaged in two-stage process of sentencing - Error made out - Necessity to consider the remaining three grounds in determining whether some other sentence was warranted in law and should have been passed
CRIMINAL LAW - Appeal - Where legislation made provision for alternative bases on which jury could be satisfied of the appellant's knowledge of lack of consent on the part of the victim - Where Crown submitted on sentence that a finding should be made that the appellant knew that the victim was not consenting to sexual intercourse - Where no contrary submission was made by counsel for the appellant on sentence - Whether sentencing judge had an obligation to consider the remaining alternatives
CRIMINAL LAW - Appeal - Where sentencing judge did not specifically refer to low risk of re-offending - Where specific reference to such risk in Pre-sentence report - Where sentencing judge obviously aware of report - Necessity to make allowance for the fact that reasons were delivered ex tempore immediately following sentence proceedings
Case Details
Citation[2014] NSWCCA 113
CourtNSWCCA
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
5 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
