McDonald v Regina and Slater v Regina [2007] NSWCCA 50

McDonald v Regina and Slater v Regina [2007] NSWCCA 50

The offences committed were of high objective criminality, and the subjective circumstances of the applicants, though considered, did not outweigh the need for protection of the public and the seriousness of the offences. The sentences, though severe in statistical context, were not manifestly excessive and did not warrant appellate intervention under s 6(3) of the Criminal Appeal Act 1912 (NSW).

Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
leave to appeal against sentence granted; appeal against sentence dismissed
Legal Topics
['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'manifest Excess in Sentencing' 'discount for Plea' 'special Circumstances' 'objective and Subjective Criminality']
['criminal Law'] ['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'manifest Excess in Sentencing' 'discount for Plea' 'special Circumstances' 'objective and Subjective Criminality']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentences imposed on the applicants are manifestly excessive' 'Whether the sentencing judge gave adequate weight to subjective circumstances' 'Whether the sentences are excessive when compared with sentencing statistics']

Ratio Decidendi

The offences committed were of high objective criminality, and the subjective circumstances of the applicants, though considered, did not outweigh the need for protection of the public and the seriousness of the offences. The sentences, though severe in statistical context, were not manifestly excessive and did not warrant appellate intervention under s 6(3) of the Criminal Appeal Act 1912 (NSW).

Court Disposition

leave to appeal against sentence granted; appeal against sentence dismissed

Orders

  • ['application for leave to appeal against sentence granted in each application' 'appeal against sentence dismissed in each application']