REGINA v. REILLY [2003] NSWCCA 20

REGINA v. REILLY [2003] NSWCCA 20

The sentencing judge did not err in his treatment of contrition or rehabilitation, and it was open to him to reactivate and accumulate the suspended sentences after breaches of bonds. Having regard to the totality of the applicant's criminality, his record, and the context before the sentencing judge, the effective sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
17 February 2003
Procedural Posture
Criminal Law Appeal Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court at Bathurst on 15 November 2001
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'breach of Bonds' 'suspended Sentences' 'totality Principle' 'contrition' 'rehabilitation' 'manifest Excess']
['criminal Law' 'sentencing' 'criminal Appeals'] ['sentence Appeal' 'breach of Bonds' 'suspended Sentences' 'totality Principle' 'contrition' 'rehabilitation' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Law Appeal Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court at Bathurst on 15 November 2001

Legal Issues

  1. 1 ["Whether the sentencing judge erred in failing to find or properly consider the applicant's contrition as a mitigating factor or gave it insufficient weight." 'Whether the sentencing judge failed to properly consider rehabilitation by failing to place appropriate weight on subjective factors.' 'Whether the sentence was manifestly excessive when considered in totality with other sentences, including suspended sentences reactivated by breaches of bonds.']

Ratio Decidendi

The sentencing judge did not err in his treatment of contrition or rehabilitation, and it was open to him to reactivate and accumulate the suspended sentences after breaches of bonds. Having regard to the totality of the applicant's criminality, his record, and the context before the sentencing judge, the effective sentence was not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']