Misiepo v R [2017] NSWCCA 210

Misiepo v R [2017] NSWCCA 210

The application for leave to appeal was dismissed because the findings made by the sentencing judge were reasonably open to him based on the available evidence, including eyewitness accounts; the judge correctly assessed the degree to which the applicant's conduct exceeded a reasonable response in self-defence, and the sentence imposed was within the permissible range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal Dismissed
Outcome
application for leave to appeal dismissed
Legal Topics
['manslaughter' 'excessive Self Defence' 'appeal Against Sentence' 'manifest Excess' 'self Defence' 'assessment of Objective Seriousness']
['criminal Law'] ['manslaughter' 'excessive Self Defence' 'appeal Against Sentence' 'manifest Excess' 'self Defence' 'assessment of Objective Seriousness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Sentence / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ['Whether it was open to the sentencing judge to find beyond reasonable doubt that the applicant was advancing aggressively towards the deceased immediately before the stabbing' "Whether the sentencing judge erred in findings about the degree to which the applicant's conduct exceeded a reasonable response to the circumstances as he perceived them" "Whether the applicant's sentence was manifestly excessive"]

Ratio Decidendi

The application for leave to appeal was dismissed because the findings made by the sentencing judge were reasonably open to him based on the available evidence, including eyewitness accounts; the judge correctly assessed the degree to which the applicant's conduct exceeded a reasonable response in self-defence, and the sentence imposed was within the permissible range and not manifestly excessive.

Court Disposition

application for leave to appeal dismissed

Orders

  • ['Application for leave to appeal dismissed']