CRIMINAL LAW - sentence - sexual assault upon a person under the age of 10 years - appellant sentenced to a non-parole period of 11 years and an additional term of 5 years, being a total term of 16 years - sentence found to have been infected by Muldrock error - matter referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912 to determine whether some other sentence was warranted
CRIMINAL LAW - sentence - particular offences - sexual assault upon a person under the age of 10 years - victim of offending was the appellant's 9 year old daughter - offending occurred when appellant was exercising right of access - offending occurred in the immediate presence of the appellant's other two children
CRIMINAL LAW - sentence - particular offences - sexual assault upon a person under the age of 10 years - offending did not form part of a pattern of behaviour and was isolated - Necessity not to focus upon duration of offending when determining objective seriousness - Necessity to bear in mind long term psychological effects upon the victim
CRIMINAL LAW - Sentence - Use of sentencing statistics - Use of sentences imposed in other cases for comparative purposes - Necessity for care when conducting comparisons of sentences - Necessity to determine an appropriate sentence according to principle as opposed to numerical equivalence
Case Details
Citation[2014] NSWCCA 183
CourtNSWCCA
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 57 later cases that cite this judgment.
18 of the 57 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
