R v LONDON [2000] NSWCCA 165

R v LONDON [2000] NSWCCA 165

Leave to appeal was refused because, having regard to the statutory maximum penalties, the objective seriousness and magnitude of the applicant's armed robberies and woundings, his repeat offending and the Form 1 matters, no sentence lower than the overall sentence imposed could reasonably have been imposed; the subjective material and identified grounds did not show that another sentence was warranted or that the sentence was manifestly excessive.

Jurisdiction
Australia
Judgment Date
05 May 2000
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Leave Application From Sentences Imposed in the District Court
Outcome
Leave to appeal is refused.
Legal Topics
['armed Robbery' 'assault With Intent to Rob' 'wounding' 'form 1 Offences' 'manifest Excess' 'subjective Circumstances' 'criminal History' 'concurrent Sentences']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery' 'assault With Intent to Rob' 'wounding' 'form 1 Offences' 'manifest Excess' 'subjective Circumstances' 'criminal History' 'concurrent Sentences']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Leave Application From Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's subjective circumstances." "Whether the sentencing judge gave inappropriate weight to the applicant's criminal history." 'Whether the sentencing judge erred by failing to give reasons for imposing a fixed term of imprisonment.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

Leave to appeal was refused because, having regard to the statutory maximum penalties, the objective seriousness and magnitude of the applicant's armed robberies and woundings, his repeat offending and the Form 1 matters, no sentence lower than the overall sentence imposed could reasonably have been imposed; the subjective material and identified grounds did not show that another sentence was warranted or that the sentence was manifestly excessive.

Court Disposition

Leave to appeal is refused.

Orders

  • ['The application for leave to appeal is refused.']