R v Ramirez [1999] NSWCCA 406
The appeal against sentence should be dismissed because no error was shown in the sentencing judge’s approach, the sentences were modest and not manifestly excessive, the judge was entitled to reject the claimed gambling addiction, and proper consideration was given to any Crown concession regarding concurrent sentencing.
- Parties
- Respondent: Regina; Applicant: Aidelyn Ramirez
- Jurisdiction
- Australia
- Judgment Date
- 08 December 1999
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Appeal dismissed; leave to appeal granted
- Legal Topics
- Sentencing, Use of False Instrument, Making False Instrument, Making False Statement With Intent to Obtain Financial Advantage
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Aidelyn Ramirez
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge took into account irrelevant considerations
- 2 Whether the sentencing judge failed to give proper weight to a Crown concession
- 3 Whether the sentencing judge erred by not giving weight to an alleged gambling addiction
Ratio Decidendi
The appeal against sentence should be dismissed because no error was shown in the sentencing judge’s approach, the sentences were modest and not manifestly excessive, the judge was entitled to reject the claimed gambling addiction, and proper consideration was given to any Crown concession regarding concurrent sentencing.
Court Disposition
Appeal dismissed; leave to appeal granted
Orders
- Leave to appeal be granted
- Appeal against sentence be dismissed
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