APPEAL - Muldrock error - error in finding that the appellant was on bail at the time of the offending - error in assessing evidence of appellant's mental illness - necessity to exercise sentencing discretion afresh
APPEAL - sexual offending - where relationship between appellant and the victim had ended - where offending occurred in premises previously shared by the appellant and the victim - whether this was an aggravating factor
APPEAL - sentence - sexual offending - whether some other sentence was warranted in law and should have been passed - relevance of appellant's mental and physical illness - conditions of custody - seriousness of offending - no other sentence warranted - sentence not manifestly excessive - appeal dismissed
Case Details
Citation[2014] NSWCCA 277
CourtNSWCCA
JurisdictionNew South Wales
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