Rawat v R

[2024] NSWCCA 64

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Appeals against sentence
4. › Manifest excess
5. › Whether sentence unreasonable or plainly unjust
6. › Whether full-time custody rather than intensive correction order was within range reasonably available
7. › Crimes Act 1900 (NSW), s 61KC(a)
8. › Criminal Appeal Act 1912 (NSW), s 5(1)(c)
1. Criminal Law
2. › Appeals
3. › Appeals against sentence
4. › Alleged factual error by sentencing judge
5. › Finding of lack of understanding of issues relating to consent
6. › Whether finding open on the evidence
1. Criminal Law
2. › Sentencing
3. › Comparative sentencing
4. › Use of sentencing statistics and comparable cases
5. › Whether bare statistics or comparable cases under repealed provision demonstrate manifest excess
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 66(1)

Quick Take

Bare sentencing statistics from the Judicial Commission of NSW for offences under s 61KC(a) of the Crimes Act 1900 (NSW) lack the granularity necessary to support a conclusion that a sentencing exercise has miscarried, and comparative cases under the repealed s 61L offence of indecent assault must be sufficiently similar in nature and objective seriousness to be of utility.

Case Details

Citation[2024] NSWCCA 64

CourtNSWCCA

JurisdictionNew South Wales

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Relies on21

2023Geraghty v RNSWCCA 47
2020Smith v RNSWCCA 181
2020Moodie v RNSWCCA 160
2020Taitoko v RNSWCCA 43
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