Adam Mansour v R Shannon Hughes v R [2013] NSWCCA 35

Adam Mansour v R Shannon Hughes v R [2013] NSWCCA 35

The sentences imposed by the sentencing judge were not manifestly excessive in light of the statutory maximums, the combined force and brutality of the attack, the applicants' circumstances (including prior bonds), and the overall seriousness of the offences despite the injury being at the lower end of the scale. No error or miscarriage of discretion was established.

Jurisdiction
Australia
Judgment Date
27 February 2013
Procedural Posture
Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['recklessly Cause Grievous Bodily Harm' 'affray' 'sentencing' 'manifestly Excessive Sentence']
['criminal Law'] ['recklessly Cause Grievous Bodily Harm' 'affray' 'sentencing' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed for recklessly causing grievous bodily harm in company and affray were manifestly excessive' "Whether there was inconsistency between the sentencing judge's findings and the sentences imposed"]

Ratio Decidendi

The sentences imposed by the sentencing judge were not manifestly excessive in light of the statutory maximums, the combined force and brutality of the attack, the applicants' circumstances (including prior bonds), and the overall seriousness of the offences despite the injury being at the lower end of the scale. No error or miscarriage of discretion was established.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']