Nand v R [2014] NSWCCA 293

Nand v R [2014] NSWCCA 293

The appeal was dismissed because the evidence showed that the applicant's delay in entering a guilty plea was not the result of inadequate legal advice but of his own choices and dishonesty; the judge properly considered all evidence, including medical and subjective accounts, and the sentence was within the appropriate range given the seriousness of the offences, the applicant's lack of genuine remorse, and previous criminal history.

Parties
Applicant: Avineshwar Nand; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted but the appeal dismissed.
Legal Topics
Sentencing, Appeal Against Sentence, Sexual Offences, Discount for Guilty Plea, Consideration of Medical Evidence, Subjective Circumstances in Sentencing
Criminal Law Sentencing Appeal Against Sentence Sexual Offences Discount for Guilty Plea Consideration of Medical Evidence Subjective Circumstances in Sentencing

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Parties

Avineshwar Nand

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were severe and manifestly excessive
  2. 2 Whether false advice was received from incompetent legal representatives affecting the guilty plea
  3. 3 Whether expert medical reports tendered by defence were not considered by sentencing judge

Ratio Decidendi

The appeal was dismissed because the evidence showed that the applicant's delay in entering a guilty plea was not the result of inadequate legal advice but of his own choices and dishonesty; the judge properly considered all evidence, including medical and subjective accounts, and the sentence was within the appropriate range given the seriousness of the offences, the applicant's lack of genuine remorse, and previous criminal history.

Court Disposition

Leave to appeal granted but the appeal dismissed.

Orders

  • Leave to appeal be granted but the appeal be dismissed.