Newton v R [2014] NSWCCA 41
The sentence imposed was not manifestly excessive given the applicant's lengthy criminal record, the serious circumstances of the offending, and the appropriate application of the totality principle. Accumulation of sentences was within the sentencing judge's discretion and no material error or miscarriage of...
Source-derived case information.
- Parties
- Appellant: Brett Ian Newton; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 02 April 2014
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing and Disposition
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Sentencing, Totality Principle, Manifest Excess, Accumulation of Sentences, Break and Enter, Drive Whilst Disqualified, Criminal Record
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brett Ian Newton
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing and Disposition
Legal Issues
- 1 Whether the sentencing judge failed to have proper regard to the totality principle in accumulation of sentences
- 2 Whether the sentence was manifestly excessive
Ratio Decidendi
The sentence imposed was not manifestly excessive given the applicant's lengthy criminal record, the serious circumstances of the offending, and the appropriate application of the totality principle. Accumulation of sentences was within the sentencing judge's discretion and no material error or miscarriage of justice was demonstrated.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed
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