Flentjar v R [2023] NSWCCA 303

Flentjar v R [2023] NSWCCA 303

It was not mandatory for the sentencing judge to reduce the weight given to general and specific deterrence; under Engert and De La Rosa that assessment is discretionary. Read fairly and as a whole, the sentencing remarks showed that the judge was aware of and gave full weight to the applicant's youth, profound disadvantage, mental health conditions and intellectual disability, while also considering the objective seriousness of the offending, harm caused, community protection and all statutory sentencing purposes. The applicant did not demonstrate error in the exercise of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['general Deterrence' 'specific Deterrence' 'mental Health and Intellectual Disability' 'subjective Circumstances' 'dangerous Driving' 'police Pursuit']
['criminal Law' 'sentencing' 'criminal Appeals'] ['general Deterrence' 'specific Deterrence' 'mental Health and Intellectual Disability' 'subjective Circumstances' 'dangerous Driving' 'police Pursuit']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Determined

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to reduce the weight given to general and specific deterrence by reason of the applicant's intellectual disability, mental health conditions, background of profound disadvantage and youth." 'Whether the sentencing judge placed particular and inappropriate weight on general and specific deterrence in the exercise of the sentencing discretion.']

Ratio Decidendi

It was not mandatory for the sentencing judge to reduce the weight given to general and specific deterrence; under Engert and De La Rosa that assessment is discretionary. Read fairly and as a whole, the sentencing remarks showed that the judge was aware of and gave full weight to the applicant's youth, profound disadvantage, mental health conditions and intellectual disability, while also considering the objective seriousness of the offending, harm caused, community protection and all statutory sentencing purposes. The applicant did not demonstrate error in the exercise of the sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']