Mihail v R [2010] NSWCCA 104

Mihail v R [2010] NSWCCA 104

The applicant did not demonstrate remorse or contrition, the asserted assistance had not been raised at sentence and did not justify a lesser sentence, and the fresh medical evidence did not establish that imprisonment would be a greater burden or create a serious risk of gravely adverse effect on his health; therefore no basis was shown to reduce the sentence.

Jurisdiction
Australia
Judgment Date
25 May 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['escape From Lawful Custody' 'sentence Appeal' 'remorse and Contrition' 'assistance to Law Enforcement Authorities' 'ill Health as a Mitigating Factor' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['escape From Lawful Custody' 'sentence Appeal' 'remorse and Contrition' 'assistance to Law Enforcement Authorities' 'ill Health as a Mitigating Factor' 'guilty Plea Discount']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by not taking into account claimed contrition and remorse.' "Whether the applicant's video walkthrough and interview concerning how he escaped amounted to assistance warranting a reduction under s 23 of the Crimes (Sentencing Procedure) Act 1999." "Whether fresh evidence concerning the applicant's ill health justified a lesser sentence."]

Ratio Decidendi

The applicant did not demonstrate remorse or contrition, the asserted assistance had not been raised at sentence and did not justify a lesser sentence, and the fresh medical evidence did not establish that imprisonment would be a greater burden or create a serious risk of gravely adverse effect on his health; therefore no basis was shown to reduce the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal' 'Appeal dismissed']