Buddle v R [2018] NSWCCA 35

Buddle v R [2018] NSWCCA 35

No error was demonstrated in the sentencing process; the aggregate sentence was not manifestly excessive and was in fact lenient given the Applicant's criminal history, the circumstances of offending, and concurrent term for balance of parole; deterioration in family or health circumstances post-sentence did not justify appellate intervention in the absence of error.

Parties
Applicant: Brett Craig Buddle; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused
Legal Topics
Sentence Appeal, Break, Enter and Steal, Parole, Plea of Guilty, Manifestly Excessive Sentence, Special Circumstances
Criminal Law Sentence Appeal Break, Enter and Steal Parole Plea of Guilty Manifestly Excessive Sentence Special Circumstances

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Parties

Brett Craig Buddle

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing Judge erred in the allowance for pleas of guilty and special circumstances
  2. 2 Whether the aggregate sentence was manifestly excessive
  3. 3 Whether post-sentence changes in family and health circumstances justified interference with sentence

Ratio Decidendi

No error was demonstrated in the sentencing process; the aggregate sentence was not manifestly excessive and was in fact lenient given the Applicant's criminal history, the circumstances of offending, and concurrent term for balance of parole; deterioration in family or health circumstances post-sentence did not justify appellate intervention in the absence of error.

Court Disposition

Leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused