Cherry v R [2017] NSWCCA 150

Cherry v R [2017] NSWCCA 150

The aggregate sentence imposed reflected the seriousness of repeated domestic violence breaches and a serious break and enter offence, with adequate consideration given to rehabilitation and circumstances; no error or manifest excess in sentence was demonstrated.

Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Criminal Appeal / Sentence Appeal; Leave to Appeal Granted, Appeal Determined
Outcome
Leave to appeal against sentence granted. Appeal dismissed.
Legal Topics
['sentence Appeal' 'domestic Violence' 'assault Occasioning Actual Bodily Harm' 'break and Enter' 'robbery' 'aggregate Sentence' 'objective Seriousness' 'rehabilitation' 'manifest Excess']
['criminal Law'] ['sentence Appeal' 'domestic Violence' 'assault Occasioning Actual Bodily Harm' 'break and Enter' 'robbery' 'aggregate Sentence' 'objective Seriousness' 'rehabilitation' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal; Leave to Appeal Granted, Appeal Determined

Legal Issues

  1. 1 ['Whether the offence under s.112(2) Crimes Act 1900 was in the mid-range of seriousness' 'Whether insufficient weight was given to rehabilitation' 'Whether the aggregate sentence was manifestly excessive']

Ratio Decidendi

The aggregate sentence imposed reflected the seriousness of repeated domestic violence breaches and a serious break and enter offence, with adequate consideration given to rehabilitation and circumstances; no error or manifest excess in sentence was demonstrated.

Court Disposition

Leave to appeal against sentence granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']