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Key decisions

  • Dorsett v R [2024] NSWCCA 192
  • McGregor v R [2024] NSWCCA 200

Dorsett v R [2024] NSWCCA 192

Sentencing – references to range of seriousness

In this case, the Court of Criminal Appeal (‘CCA’) has attempted to clarify whether or not it is appropriate (or necessary) to sentence by reference to a notional range of objective seriousness – that is, assessing a particular case by comparison to a hypothetical middle of the range of objective seriousness. The Court held it is not essential to sentence by reference to such a range, but nor will it (usually) be an error to do so. That said, in cases in which a Standard Non-Parole Period (‘SNPP’) applies, it will usually be desirable.

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