Pn v R

[2024] NSWCCA 86

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Aggregate sentence
4. › Child sexual assault offences
5. › Whether indicative sentence for individual count reveals error in aggregate sentence
6. › Whether error in indicative sentence alone amenable to appeal
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 53A
8. › Criminal Appeal Act 1912 (NSW), ss 5, 6
1. Criminal Law
2. › Sentencing
3. › Aggregate sentence
4. › Indicative sentences
5. › Ratio of non-parole period to head sentence
6. › Whether sentencing judge failed to carry through intention regarding special circumstances
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 44
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Child sexual assault
5. › Totality principle
6. › Degree of concurrence for repeated offences against same victim
7. › Whether aggregate sentence manifestly excessive

Quick Take

Error in an indicative sentence under s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not alone enliven the Court of Criminal Appeal's power to re-sentence; the appellant must further establish that the error led to error in the aggregate sentence itself.

Case Details

Citation[2024] NSWCCA 86

CourtNSWCCA

JurisdictionNew South Wales

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Cited by13

2026Walker v RNSWCCA 103
2026Saleh v RNSWCCA 42
2026Mt v RNSWCCA 25
2026The King v McGregorHCA 3
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