Cavanagh v R [2009] NSWCCA 174

Cavanagh v R [2009] NSWCCA 174

Although the overall sentence was at the high end and required the applicant to spend a lengthy period in custody, it was not excessive. The sentencing judge had to sentence for multiple serious offences, with serious Form 1 matters, committed shortly after release to parole, against vulnerable persons, mostly with a knife. The applicant's prior record was especially relevant to personal deterrence, and there was no finding of remorse or reasonable prospects of rehabilitation. Totality considerations did not outweigh the need for punishment, protection of society, and personal and general deterrence.

Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'assault With Intent to Rob Whilst in Company' 'manifest Excess' 'totality Principle' 'parole' 'form 1 Matters' 'judicial Commission Sentencing Statistics']
['criminal Law' 'sentencing' 'criminal Appeal'] ['armed Robbery' 'assault With Intent to Rob Whilst in Company' 'manifest Excess' 'totality Principle' 'parole' 'form 1 Matters' 'judicial Commission Sentencing Statistics']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for multiple armed robberies and assault with intent to rob whilst in company were manifestly excessive.' "Whether the overall sentence was excessive when compared with Judicial Commission statistics and when considered with the applicant's prior sentence and parole position." 'Whether the totality principle required appellate intervention to avoid a crushing sentence.']

Ratio Decidendi

Although the overall sentence was at the high end and required the applicant to spend a lengthy period in custody, it was not excessive. The sentencing judge had to sentence for multiple serious offences, with serious Form 1 matters, committed shortly after release to parole, against vulnerable persons, mostly with a knife. The applicant's prior record was especially relevant to personal deterrence, and there was no finding of remorse or reasonable prospects of rehabilitation. Totality considerations did not outweigh the need for punishment, protection of society, and personal and general deterrence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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