REGINA v LORENZO [2001] NSWCCA 389

REGINA v LORENZO [2001] NSWCCA 389

No error in principle was identified in the sentencing judge's approach to the totality principle or to the consideration of special circumstances; the sentence imposed properly reflected the overall criminality and custodial situation, and there was no basis for intervention on appeal.

Jurisdiction
Australia
Judgment Date
27 September 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal From Supreme Court to Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'murder' 'totality Principle' 'special Circumstances Under Sentencing Act 1989']
['criminal Law'] ['sentencing' 'murder' 'totality Principle' 'special Circumstances Under Sentencing Act 1989']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal From Supreme Court to Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying the totality principle' 'Whether the sentencing judge erred in failing to consider special circumstances under s 5(2) of the Sentencing Act 1989' 'Reception of fresh evidence on appeal against sentence']

Ratio Decidendi

No error in principle was identified in the sentencing judge's approach to the totality principle or to the consideration of special circumstances; the sentence imposed properly reflected the overall criminality and custodial situation, and there was no basis for intervention on appeal.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']