R v Romano [2005] NSWCCA 313

R v Romano [2005] NSWCCA 313

The sentencing process did not reveal error; aggravating factors were not impermissibly considered, cumulative sentences were within discretion, and adequate allowance was made for protective custody conditions.

Parties
Applicant: Adrian Russell Romano; Victim (intimidation): Elizabeth Lopez; Victim (assault): Christopher Thompson; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 September 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence Severity; Appellate Judgment
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Severity of Sentence, Plea of Guilty, Aggravating Factors, Accumulation of Sentences, Custodial Circumstances
Criminal Law Appeal Against Severity of Sentence Plea of Guilty Aggravating Factors Accumulation of Sentences Custodial Circumstances

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Parties

Adrian Russell Romano

Applicant

Elizabeth Lopez

Victim (intimidation)

Christopher Thompson

Victim (assault)

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence Severity; Appellate Judgment

Legal Issues

  1. 1 Did the sentencing judge impermissibly consider aggravating factors in s21A Crimes (Sentencing Procedure) Act?
  2. 2 Should the sentences have been cumulative?
  3. 3 Did the sentencing judge fail to take into account segregation/protective custody conditions?

Ratio Decidendi

The sentencing process did not reveal error; aggravating factors were not impermissibly considered, cumulative sentences were within discretion, and adequate allowance was made for protective custody conditions.

Court Disposition

leave to appeal granted; appeal dismissed