BE v R [2024] NSWCCA 100

BE v R [2024] NSWCCA 100

Leave to appeal against sentence was granted but dismissed because none of the grounds—regarding the assessment of the applicant's role, alleged breach of Browne v Dunn, assessment of objective seriousness, relevance of ADHD, COVID-19 custodial conditions, or manifest excess—were made out. The sentencing judge's findings and the sentence imposed were open on the evidence, with adequate discounts given for mitigation, and no miscarriage of justice was established.

Parties
Applicant: BE; Respondent: Crown
Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Determination of Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Objective Seriousness of Offence, Application of Browne V Dunn, Sentencing Children, Manifest Excess, Mitigating Factors (adhd, Childhood Disadvantage, COVID 19)
Criminal Law Appeal Against Sentence Objective Seriousness of Offence Application of Browne V Dunn Sentencing Children Manifest Excess Mitigating Factors (adhd, Childhood Disadvantage, COVID 19)

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Parties

BE

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Determination of Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge erred by not finding the applicant attempted to stop co-offenders during assault
  2. 2 Whether there was a breach of the rule in Browne v Dunn
  3. 3 Whether the judge erred in assessing the objective seriousness of the murder offence

Ratio Decidendi

Leave to appeal against sentence was granted but dismissed because none of the grounds—regarding the assessment of the applicant's role, alleged breach of Browne v Dunn, assessment of objective seriousness, relevance of ADHD, COVID-19 custodial conditions, or manifest excess—were made out. The sentencing judge's findings and the sentence imposed were open on the evidence, with adequate discounts given for mitigation, and no miscarriage of justice was established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.