SIMPSON v R [2010] NSWCCA 225
The evidence regarding the removal of the applicant's child after birth did not amount to fresh evidence for the purpose of the appeal because the relevant circumstances were either known or reasonably discoverable at the time of sentencing, and the sentencing judge's decision was not shown to have been affected by any erroneous factual basis. The sentence imposed was within the available range, taking into account objective and subjective factors, and was not manifestly excessive.
- Jurisdiction
- Australia
- Judgment Date
- 08 October 2010
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'fresh Evidence' 'manifestly Excessive Sentence' 'sentencing Principles' 'aggravated Steal From the Person']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 ['Whether affidavit evidence qualifies as fresh evidence' 'Whether the sentence was manifestly excessive']
Ratio Decidendi
The evidence regarding the removal of the applicant's child after birth did not amount to fresh evidence for the purpose of the appeal because the relevant circumstances were either known or reasonably discoverable at the time of sentencing, and the sentencing judge's decision was not shown to have been affected by any erroneous factual basis. The sentence imposed was within the available range, taking into account objective and subjective factors, and was not manifestly excessive.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
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