When assessing the objective seriousness of a break and enter offence, the sentencing judge may derive the 'true colour' of that offence from the circumstances of a closely related subsequent offence (here, sexual assault), particularly where the items taken had a sexual connotation. The CCA has no power to correct administrative errors in District Court sentence records under either the Criminal Appeal Act 1912 (NSW) or the Crimes (Sentencing Procedure) Act 1999 (NSW). The correct standard of appellate review of sentencing findings of fact (O'Donoghue vs Hordern) remains unresolved.
The full text is available to signed-in members.