R v LOACH [1999] NSWCCA 128

R v LOACH [1999] NSWCCA 128

The sentencing judge did not take into account irrelevant material or sentence the applicant for an uncharged offence; he was entitled to consider the injuries to assess the violence of the incidents, applied no wrong principle in structuring the sentences to reflect total criminality, considered and rejected non-custodial alternatives, and imposed a substantial but permissible total effective sentence within the sentencing discretion.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences; Conviction Appeal Abandoned
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['assaulting Police Officers in the Execution of Duty' 'resisting Police Officers in the Execution of Duty' 'escaping From Lawful Custody' 'irrelevant Evidence in Sentencing' 'totality Principle' 'sentencing Alternatives' 'excessive Sentence']
['criminal Law' 'sentencing'] ['assaulting Police Officers in the Execution of Duty' 'resisting Police Officers in the Execution of Duty' 'escaping From Lawful Custody' 'irrelevant Evidence in Sentencing' 'totality Principle' 'sentencing Alternatives' 'excessive Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences; Conviction Appeal Abandoned

Legal Issues

  1. 1 ['Whether the sentencing judge took into account irrelevant material, including injuries to a police officer not named in the charge.' 'Whether the sentencing judge treated facts relevant to resisting police as constituting an uncharged assault.' 'Whether the sentencing judge erred in structuring accumulated and concurrent sentences.' 'Whether the sentencing judge failed to consider alternatives to full-time imprisonment.' 'Whether the total effective sentence was outside the range of the sentencing discretion.']

Ratio Decidendi

The sentencing judge did not take into account irrelevant material or sentence the applicant for an uncharged offence; he was entitled to consider the injuries to assess the violence of the incidents, applied no wrong principle in structuring the sentences to reflect total criminality, considered and rejected non-custodial alternatives, and imposed a substantial but permissible total effective sentence within the sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']