Regina v Burke [2001] NSWCCA 47

Regina v Burke [2001] NSWCCA 47

There was no error in the remarks or sentence imposed by Judge Gibson; the seriousness of the offence and general deterrence warranted the sentence, and the applicant's personal circumstances did not justify a reduction.

Jurisdiction
Australia
Judgment Date
20 February 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'appeals' 'assault Occasioning Actual Bodily Harm']
['criminal Law'] ['sentencing' 'appeals' 'assault Occasioning Actual Bodily Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the sentencing judge erred in imposing a fixed term of imprisonment' "Whether the applicant's circumstances warranted a lesser sentence"]

Ratio Decidendi

There was no error in the remarks or sentence imposed by Judge Gibson; the seriousness of the offence and general deterrence warranted the sentence, and the applicant's personal circumstances did not justify a reduction.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']