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Sexual offences – leave to appeal against sentences – High Court – indefinite sentence

16 March 2016

Fisher Dore acted for Mr B. He was sentenced to an indefinite sentence for 5 counts of rape, 1 count of burglary, 1 count of indecent assault and 1 count of grievous bodily harm.

Mr B previously sought leave to appeal against his sentences however this was refused. He subsequently appealed to the High Court, which ordered that the matter be remitted back to the Court of Appeal for further consideration.

The High Court identified factual misunderstandings and an error of law which required the Court of Appeal to set aside the sentence and re-exercise sentencing discretion. As a result, the application for leave to appeal was successful. The indefinite sentence was set aside and substituted with fixed terms of imprisonment.



Rian Dwyer - Associate...

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