R v. GIRARD, Andrew John, R. v. GIRARD, Tessa Maree [2004] NSWCCA 170

R v. GIRARD, Andrew John, R. v. GIRARD, Tessa Maree [2004] NSWCCA 170

The sentencing judge properly took into account all the subjective factors including family circumstances and good character; this was not an exceptional case warranting a substantial reduction in sentence due to family impact. No error in equal treatment, nor in the starting point for sentence.

Jurisdiction
Australia
Judgment Date
12 May 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentence' 'appeal' 'manifestly Excessive Sentence' 'family Circumstances' 'good Character']
['criminal Law'] ['sentence' 'appeal' 'manifestly Excessive Sentence' 'family Circumstances' 'good Character']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether insufficient weight was placed on subjective factors including family circumstances and good character' 'Whether the sentencing judge erred in not distinguishing between the sentences of co-offenders based on good character']

Ratio Decidendi

The sentencing judge properly took into account all the subjective factors including family circumstances and good character; this was not an exceptional case warranting a substantial reduction in sentence due to family impact. No error in equal treatment, nor in the starting point for sentence.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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