R v Burns [2003] NSWCCA 278

R v Burns [2003] NSWCCA 278

No error was shown in the sentencing remarks or the sentences imposed. The offences were serious, involved a joint armed attack in a dwelling, violence to the victim and property damage, and required a substantial sentence for general deterrence and denunciation. Any possible error in treating the applicant as more culpable than her co-offender would not have affected the sentence, and the applicant's subjective circumstances, prior good character and separation from her child did not make the sentence excessive.

Jurisdiction
Australia
Judgment Date
05 September 2003
Procedural Posture
Criminal Appeal Against Severity of Sentences / Application for Leave to Appeal Against Sentences
Outcome
Application for leave to appeal is granted but the appeal is dismissed.
Legal Topics
['aggravated Break and Enter' 'demanding Money With Intent to Steal' 'malicious Damage to Property' 'manifest Excess' 'general Deterrence' 'special Circumstances' 'parity Between Co Offenders']
['criminal Law and Procedure' 'sentencing' 'criminal Appeals'] ['aggravated Break and Enter' 'demanding Money With Intent to Steal' 'malicious Damage to Property' 'manifest Excess' 'general Deterrence' 'special Circumstances' 'parity Between Co Offenders']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentences / Application for Leave to Appeal Against Sentences

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive or severe.' "Whether Judge Bellear made factual errors affecting the assessment of objective seriousness and the applicant's role in the offences." "Whether the applicant's separation from her young child, subjective circumstances and prior good character warranted a lesser sentence." 'Whether the applicant was more culpable than her co-offender and whether any error about relative culpability affected the sentence.']

Ratio Decidendi

No error was shown in the sentencing remarks or the sentences imposed. The offences were serious, involved a joint armed attack in a dwelling, violence to the victim and property damage, and required a substantial sentence for general deterrence and denunciation. Any possible error in treating the applicant as more culpable than her co-offender would not have affected the sentence, and the applicant's subjective circumstances, prior good character and separation from her child did not make the sentence excessive.

Court Disposition

Application for leave to appeal is granted but the appeal is dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'Appeal is dismissed.']