Regina v Cook [2002] NSWCCA 113

Regina v Cook [2002] NSWCCA 113

Leave to appeal granted, but appeal dismissed as the sentencing judge’s decision was within the range of discretion, taking account of all circumstances, including only partial compliance with the bond, absence of extreme hardship, and no legal basis for reduction of the head sentence.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'breach of Bond' 'appeals']
['criminal Law'] ['sentencing' 'breach of Bond' 'appeals']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not taking into account period of good behaviour under s 12 bond' 'Whether hardship to applicant’s family justified a reduction in sentence' 'Whether injuries received during altercation entitled applicant to leniency']

Ratio Decidendi

Leave to appeal granted, but appeal dismissed as the sentencing judge’s decision was within the range of discretion, taking account of all circumstances, including only partial compliance with the bond, absence of extreme hardship, and no legal basis for reduction of the head sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']