Melvaine v R [2019] NSWCCA 274

Melvaine v R [2019] NSWCCA 274

The sentencing judge's description of the conduct as a 'gratuitous act of cruelty' did not amount to a finding of an aggravating factor within s 21A(2)(f), and no misapplication of principle was demonstrated. The sentence was not unreasonable or plainly unjust and was within the proper discretionary range given the objective seriousness and the relevant subjective factors.

Parties
Applicant: Bradley William Melvaine; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 November 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence (court of Criminal Appeal, NSW Supreme Court)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Aggravated Robbery, Sentencing Principles, Manifest Excess, Objective Seriousness, Gratuitous Cruelty
Criminal Law Appeal Against Sentence Aggravated Robbery Sentencing Principles Manifest Excess Objective Seriousness Gratuitous Cruelty

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Parties

Bradley William Melvaine

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence (court of Criminal Appeal, NSW Supreme Court)

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the applicant's conduct was a 'gratuitous act of cruelty'
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's description of the conduct as a 'gratuitous act of cruelty' did not amount to a finding of an aggravating factor within s 21A(2)(f), and no misapplication of principle was demonstrated. The sentence was not unreasonable or plainly unjust and was within the proper discretionary range given the objective seriousness and the relevant subjective factors.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against the sentence is granted.
  • The appeal is dismissed.