Taylor v R [2018] NSWCCA 255
The absence of explicit reference to the applicant’s limited criminal record and s 21A(3)(e) of the Crimes (Sentencing Procedure) Act 1999 does not establish error; the sentencing judge, on a fair reading of the remarks as a whole, took it into account, along with personal circumstances, and accorded them sufficient weight.
- Jurisdiction
- Australia
- Judgment Date
- 13 November 2018
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Sentence; Judgment
- Outcome
- Leave to appeal against sentence granted; appeal dismissed
- Legal Topics
- ['appeal Against Sentence' 'mitigating Factors' 'personal Circumstances in Sentencing' 'drug Offences' 'firearms Offences']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Judgment
Legal Issues
- 1 ["Did the sentencing judge fail to take into account the applicant's limited criminal history as a mitigating factor under s 21A(3)(e) of the Crimes (Sentencing Procedure) Act 1999?" 'Did the sentencing judge fail to give sufficient weight to the subjective case, including evidence of limited intellect and personal circumstances?']
Ratio Decidendi
The absence of explicit reference to the applicant’s limited criminal record and s 21A(3)(e) of the Crimes (Sentencing Procedure) Act 1999 does not establish error; the sentencing judge, on a fair reading of the remarks as a whole, took it into account, along with personal circumstances, and accorded them sufficient weight.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed
Orders
- ['Grant leave to the applicant to appeal against sentence' 'Dismiss the appeal']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment