R v Walden [2001] NSWCCA 365

R v Walden [2001] NSWCCA 365

The appeal failed because this was not a Mill-type case, the applicant's offending was aggravated by committing the first offence while still on a three-year recognisance, and the objective seriousness of the offences meant the sentences were well within the range available to the sentencing judge and were toward the lower and lenient end of the spectrum after allowance for the applicant's subjective circumstances and guilty pleas.

Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Severity Appeal From Sentences Imposed in the District Court After Guilty Pleas
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Severity of Sentence' 'obtain Money by Deception' 'receiving Stolen Property' 'receiving Goods Out of New South Wales' 'totality Principle' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['appeal Against Severity of Sentence' 'obtain Money by Deception' 'receiving Stolen Property' 'receiving Goods Out of New South Wales' 'totality Principle' 'plea of Guilty Discount']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Severity Appeal From Sentences Imposed in the District Court After Guilty Pleas

Legal Issues

  1. 1 ['Whether the sentences imposed for obtain money by deception and receiving offences were manifestly excessive.' 'Whether the sentencing judge failed to apply the principle of totality in light of an earlier sentence for stealing a motor vehicle.' 'Whether the absence of evidence establishing actual loss to owners or insurers made the sentences excessive.' "Whether the applicant's subjective circumstances warranted lesser sentences."]

Ratio Decidendi

The appeal failed because this was not a Mill-type case, the applicant's offending was aggravated by committing the first offence while still on a three-year recognisance, and the objective seriousness of the offences meant the sentences were well within the range available to the sentencing judge and were toward the lower and lenient end of the spectrum after allowance for the applicant's subjective circumstances and guilty pleas.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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