Elwood v R [2023] NSWCCA 200

Elwood v R [2023] NSWCCA 200

The aggregate sentence of 5 years' imprisonment with a non-parole period of 2 years and 6 months was not manifestly excessive, in light of the severity of the offending, number and vulnerability of victims, escalation of domestic violence, and appropriate recognition of special circumstances for rehabilitation.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'manifest Excess' 'domestic Violence' 'aggregate Sentencing' 'special Circumstances' 'indigenous Disadvantage']
['criminal Law'] ['appeal Against Sentence' 'manifest Excess' 'domestic Violence' 'aggregate Sentencing' 'special Circumstances' 'indigenous Disadvantage']

Case Brief

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Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed was manifestly excessive']

Ratio Decidendi

The aggregate sentence of 5 years' imprisonment with a non-parole period of 2 years and 6 months was not manifestly excessive, in light of the severity of the offending, number and vulnerability of victims, escalation of domestic violence, and appropriate recognition of special circumstances for rehabilitation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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