BG v R [2018] NSWCCA 161

BG v R [2018] NSWCCA 161

No error established in the sentencing Judge's assessment of objective seriousness, application of discounts, weighting of subjective factors, or failure to state special circumstances; sentence imposed was within range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence From District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeal' 'objective Seriousness' 'utilitarian Discount' 'assistance to Authorities' 'manifest Excess' 'special Circumstances' 'weight to Subjective Case']
['criminal Law'] ['sentencing' 'appeal' 'objective Seriousness' 'utilitarian Discount' 'assistance to Authorities' 'manifest Excess' 'special Circumstances' 'weight to Subjective Case']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence From District Court of NSW

Legal Issues

  1. 1 ['Asserted error in assessment of objective seriousness by sentencing judge' 'Asserted error in assessing utilitarian discount for guilty plea' 'Entitlement to discount for assistance to authorities' 'Manifest excessiveness of sentence' 'Failure to find special circumstances' 'Failure to give proper weight to subjective circumstances']

Ratio Decidendi

No error established in the sentencing Judge's assessment of objective seriousness, application of discounts, weighting of subjective factors, or failure to state special circumstances; sentence imposed was within range and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']