Cullen v R [2014] NSWCCA 162

Cullen v R [2014] NSWCCA 162

The appeal was dismissed as the sentencing judge had imposed a valid aggregate sentence with proper compliance to legislative requirements for indicative sentences and non-parole period, and no error was established regarding either the commencement date or manifest excess of sentence.

Parties
Applicant: Bradley James Cullen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
18 August 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Aggregate Sentencing, Indictable Drug Offences, Manifest Excess, Indicative Sentences
Criminal Law Appeal Against Sentence Aggregate Sentencing Indictable Drug Offences Manifest Excess Indicative Sentences

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Parties

Bradley James Cullen

Applicant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge failed to state the commencement date with respect to each of the sentences imposed
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The appeal was dismissed as the sentencing judge had imposed a valid aggregate sentence with proper compliance to legislative requirements for indicative sentences and non-parole period, and no error was established regarding either the commencement date or manifest excess of sentence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Appeal dismissed