Blake v R [2021] NSWCCA 258

Blake v R [2021] NSWCCA 258

The sentencing judge's findings that the applicant’s moral culpability was 'reduced somewhat' due to major depressive illness, and that the significance of general deterrence was 'diminished to some extent' but remained important, were evaluative findings consistent with principle and supported by the evidence. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 November 2021
Procedural Posture
Sentence Appeal / Application for Leave to Appeal; Judgment on Leave
Outcome
Leave to appeal refused
Legal Topics
['sentence Appeal' 'mental Illness' 'manifest Excess' 'domestic Violence' 'general Deterrence']
['criminal Law'] ['sentence Appeal' 'mental Illness' 'manifest Excess' 'domestic Violence' 'general Deterrence']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal; Judgment on Leave

Legal Issues

  1. 1 ["Did the sentencing judge fail to properly take into account the applicant's mental illness at the time of the offence?" 'Was the sentence imposed manifestly excessive?']

Ratio Decidendi

The sentencing judge's findings that the applicant’s moral culpability was 'reduced somewhat' due to major depressive illness, and that the significance of general deterrence was 'diminished to some extent' but remained important, were evaluative findings consistent with principle and supported by the evidence. The overall sentence, including notional concurrency and the non-parole period reduction, reflected proper regard for the applicant's circumstances; no error or manifest excess is demonstrated.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']