NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GJ v R [2005] NSWCCA 447
HEARING DATE(S): 13 December 2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: Grove J at 1; James J at 2; Simpson J at 3
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: application for leave to appeal against severity of sentence - aggravated form of a charge of inciting a person under the age of 16 to commit an act of indecency - plea of guilty - finding of special circumstances - subjective circumstances - discount on sentence following plea of guilty - whether sentence manifestly excessive - whether necessary to show exceptional circumstances for non-custodial sentence - whether custodial sentence called for - whether starting point of sentence too high - whether motivation for offence was an aggravating feature - general deterrence
Crimes Act 1900, s61O(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s44(2)
R v Baxter (unreported, NSWCCA, 26 May 1994) CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 The Queen v de Simoni [1981] HCA 31; 147 CLR 383
GJ - Applicant PARTIES: Crown - Respondent
FILE NUMBER(S): CCA 2005/1840
Ms N Noman - Crown COUNSEL: Ms C Salsone - Applicant
S Kavanagh - Crown SOLICITORS: TA Williams - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0646
LOWER COURT JUDICIAL OFFICER: Kinchington DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1840
GROVE J JAMES J SIMPSON J
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