AWKO v R [2010] NSWCCA 90

AWKO v R [2010] NSWCCA 90

Although the sentencing judge's remarks on objective seriousness were ambiguous, no error arose because the penalty imposed was clearly within the appropriate range for the offence; no relevant, inaccurate material improperly influenced the sentence and the applicant's circumstances, remorse, and character were properly considered. The sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Criminal Appeal / Leave to Appeal and Full Appeal Decision
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'objective Seriousness' 'departure From Standard Non Parole Period' 'manifestly Excessive Sentence' 'irrelevant and Inaccurate Material in Sentencing']
['criminal Law'] ['sentencing' 'objective Seriousness' 'departure From Standard Non Parole Period' 'manifestly Excessive Sentence' 'irrelevant and Inaccurate Material in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Full Appeal Decision

Legal Issues

  1. 1 ['Whether the sentencing judge failed to make a proper finding regarding objective seriousness of offence' 'Whether error in sentence may lead to imposition of new sentence' 'Whether sentencing judge erred in reasons for departing from standard non-parole period' 'Whether irrelevant and inaccurate material was taken into account in sentencing' 'Whether sentence was manifestly excessive']

Ratio Decidendi

Although the sentencing judge's remarks on objective seriousness were ambiguous, no error arose because the penalty imposed was clearly within the appropriate range for the offence; no relevant, inaccurate material improperly influenced the sentence and the applicant's circumstances, remorse, and character were properly considered. The sentence was not manifestly excessive.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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