AB v R [2014] NSWCCA 339

AB v R [2014] NSWCCA 339

The sentencing judge's finding regarding intention to torture was open on the evidence; objective seriousness assessment was justified; no error in declining a discount for guilty plea where protection of the public required; no legitimate sense of grievance arose regarding parity with co-offender's sentence; appeal must fail as no error was demonstrated.

Jurisdiction
Australia
Judgment Date
24 December 2014
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Dismissed
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'sentencing Principles' 'parity' 'discount for Guilty Plea' 'objective Seriousness of Murder']
['criminal Law'] ['appeal Against Sentence' 'sentencing Principles' 'parity' 'discount for Guilty Plea' 'objective Seriousness of Murder']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the applicant intended to torture the deceased' 'Whether the sentencing judge erred in the assessment of the seriousness of the offence of murder' 'Whether the sentencing judge erred in giving no discount for the utilitarian plea of guilty in respect of murder' 'Whether the applicant has a legitimate grievance arising from the sentence imposed compared to a co-offender']

Ratio Decidendi

The sentencing judge's finding regarding intention to torture was open on the evidence; objective seriousness assessment was justified; no error in declining a discount for guilty plea where protection of the public required; no legitimate sense of grievance arose regarding parity with co-offender's sentence; appeal must fail as no error was demonstrated.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']