TAYLOR v. REGINA [2007] NSWCCA 99

TAYLOR v. REGINA [2007] NSWCCA 99

The sentences for perverting the course of justice were properly made cumulative on the sentence for malicious wounding, as the offences were distinct in time, nature, and conduct. The overall sentence, including the non-parole period, was not manifestly excessive, and no error of principle or in the exercise of discretion was shown by the sentencing judge. Leave to appeal granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 April 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'perverting the Course of Justice' 'malicious Wounding' 'cumulative and Concurrent Sentences' 'manifest Excess']
['criminal Law'] ['sentencing' 'perverting the Course of Justice' 'malicious Wounding' 'cumulative and Concurrent Sentences' 'manifest Excess']

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

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences for perverting the course of justice should have been partially concurrent with the sentence for malicious wounding rather than cumulative' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentences for perverting the course of justice were properly made cumulative on the sentence for malicious wounding, as the offences were distinct in time, nature, and conduct. The overall sentence, including the non-parole period, was not manifestly excessive, and no error of principle or in the exercise of discretion was shown by the sentencing judge. Leave to appeal granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Applicant granted leave to appeal.' 'Appeal dismissed.']