Huntingdon v Regina [2007] NSWCCA 196

Huntingdon v Regina [2007] NSWCCA 196

The errors identified regarding aggravating circumstances and company were immaterial to the sentence, as the sentencing judge was entitled to account for the presence of others and properly applied relevant principles; the appeals grounds were not established and the exercise of sentencing discretion was within proper bounds.

Jurisdiction
Australia
Judgment Date
05 July 2007
Procedural Posture
Criminal Appeal / Leave to Appeal and Merits
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'de Simoni Principle' 'backdating Sentence' 'special Circumstances' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'de Simoni Principle' 'backdating Sentence' 'special Circumstances' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Merits

Legal Issues

  1. 1 ['Whether the sentencing judge erred by taking into account an aggravating factor contrary to De Simoni' 'Whether the sentencing judge failed to take into account pre-sentence custody and the principle of totality' 'Whether the sentencing judge erred in the consideration of special circumstances' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The errors identified regarding aggravating circumstances and company were immaterial to the sentence, as the sentencing judge was entitled to account for the presence of others and properly applied relevant principles; the appeals grounds were not established and the exercise of sentencing discretion was within proper bounds.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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