Supreme Court of New South Wales (Court of Criminal Appeal)

The appellant in this case was convicted of multiple domestic violence offenses and sentenced to prison. The appellant sought an appeal on the basis that the judge in the lower court “erred in failing to consider special circumstances in relation to the question of accumulation” and also imposed a “manifestly excessive” sentence. In light of the seriousness of the appellant’s offenses, as well as his history of domestic violence against the victim in the case, the Court ordered the appeal dismissed. When dismissing the appeal, the Court noted the appellant’s “pessimistic . . .

The Respondent in this case faced a prison term of two years and six months based on his convictions for 9 counts of serious domestic violence offenses. The Respondent was also ordered to refrain from any harassment or threatening conduct toward the victims (or those in domestic relationships with the victims) for ten years.

In his initial trial, a jury found the accused guilty of the crime of sexual intercourse without consent.  He appealed and was granted a retrial, which was a bench trial (no jury).  The focus of the retrial was whether the complainant had consented and, if not, whether the accused knew.  The complainant (then 18) and the accused (then 21) met at a Sydney nightclub.  Soon after meeting, and after having danced and kissed on the dance floor, the accused anally penetrated the complainant in an alleyway behind the club.  During the retrial, the court did not believe tha

This case concerns the sentencing of a sexual offender. The offender was convicted of eight counts of sexual intercourse and indecent assault against a sixteen year old girl. The defendant appealed his sentence, arguing that the judge erred in his determination that the victim “suffered significant psychological damage as a result of the offense.” On appeal, the Court found that the lower court erred in making the finding of “substantial” harm.