Regina v Lemon [2000] NSWCCA 232

Regina v Lemon [2000] NSWCCA 232

Notwithstanding fresh evidence of Tourette's Syndrome, the offences committed, prior record and public protection justify no adjustment to sentence; no different sentence should be imposed even giving full weight to new evidence.

Jurisdiction
Australia
Judgment Date
19 June 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentence Severity' 'fresh Evidence' 'impulse Control Disorders' 'general Deterrence']
['criminal Law'] ['sentence Severity' 'fresh Evidence' 'impulse Control Disorders' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether fresh evidence of Tourette's Syndrome affects appropriateness of sentence" 'Whether sentence imposed was within range for offences committed' "Consideration of general deterrence given applicant's diagnosed condition"]

Ratio Decidendi

Notwithstanding fresh evidence of Tourette's Syndrome, the offences committed, prior record and public protection justify no adjustment to sentence; no different sentence should be imposed even giving full weight to new evidence.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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