REGINA v. McKAY [2003] NSWCCA 32

REGINA v. McKAY [2003] NSWCCA 32

The trial judge did not err in her assessment of the applicant's vulnerability nor in characterising the offence's seriousness. The sentence imposed was not excessive or outside the permissible range. The appeal was therefore dismissed.

Parties
Prosecution: Regina; Applicant/defendant: Glenn James McKay
Jurisdiction
Australia
Judgment Date
19 February 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence—determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Domestic Violence, Grievous Bodily Harm, Sentencing Discretion, Mitigating Factors
Criminal Law Appeal Against Sentence Domestic Violence Grievous Bodily Harm Sentencing Discretion Mitigating Factors

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Parties

Regina

Prosecution

Glenn James McKay

Applicant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence—determination

Legal Issues

  1. 1 Whether the trial judge erred in sentencing by failing to give sufficient weight to the applicant's vulnerability and lack of violent character
  2. 2 Whether the offence was properly characterised as toward the upper end of seriousness for such offences
  3. 3 Whether the sentence imposed was excessive or outside the range of appropriate sentences

Ratio Decidendi

The trial judge did not err in her assessment of the applicant's vulnerability nor in characterising the offence's seriousness. The sentence imposed was not excessive or outside the permissible range. The appeal was therefore dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed