Weribone v R [2018] NSWCCA 172

Weribone v R [2018] NSWCCA 172

There was no material error in the sentencing judge's treatment of the applicant's potential admittance to the mothers and children programme, nor in the application of deterrence in sentencing; s 3A permits, but does not mandate, consideration of deterrence and the judge properly exercised discretion in context. The sentence was not manifestly excessive and no error justifying appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentencing' 'manifest Excess' 'general Deterrence' 'specific Deterrence']
['criminal Law'] ['sentencing' 'manifest Excess' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge made a material error in assuming the applicant could access mothers and children programme in custody' 'Whether the sentence imposed was manifestly excessive particularly due to specific and general deterrence']

Ratio Decidendi

There was no material error in the sentencing judge's treatment of the applicant's potential admittance to the mothers and children programme, nor in the application of deterrence in sentencing; s 3A permits, but does not mandate, consideration of deterrence and the judge properly exercised discretion in context. The sentence was not manifestly excessive and no error justifying appellate intervention was shown.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal against sentence refused']