R v WILLIAMS [2004] NSWCCA 18

R v WILLIAMS [2004] NSWCCA 18

The Court found that there was no patent error in the sentencing judge's remarks or process, and that the sentences were within the acceptable range having regard to the applicant's deliberate criminality over a sustained period, even accounting for his lack of prior convictions and the potential for the offences to have been dealt with summarily.

Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
['sentencing' 'appeals' 'dishonesty Offences']
['criminal Law'] ['sentencing' 'appeals' 'dishonesty Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the objective criminality of the applicant's conduct" 'Whether the sentencing judge erroneously considered breach of trust as an aggravating factor' 'Whether the sentence failed to consider delay since arrest as mitigating' 'Whether failure to deal with matters in Local Court was given adequate weight' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The Court found that there was no patent error in the sentencing judge's remarks or process, and that the sentences were within the acceptable range having regard to the applicant's deliberate criminality over a sustained period, even accounting for his lack of prior convictions and the potential for the offences to have been dealt with summarily.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']