Yarak v R [2008] NSWCCA 298

Yarak v R [2008] NSWCCA 298

It was open to the sentencing judge to reject the causal link between applicant's mental illness and offending, and find circumstances of hardship did not amount to exceptional; consequently, the sentences, though in the upper range, were appropriate for the level and duration of offending and not manifestly excessive; leave to appeal granted, appeal dismissed.

Jurisdiction
Australia
Judgment Date
11 December 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentences
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['severity of Sentence' 'dishonestly Causing Loss to Commonwealth Entity' 'imposing on the Commonwealth by Untrue Representation' 'mitigation for Mental Illness' 'hardship Due to Separation From Child' 'manifestly Excessive Sentence']
['criminal Law'] ['severity of Sentence' 'dishonestly Causing Loss to Commonwealth Entity' 'imposing on the Commonwealth by Untrue Representation' 'mitigation for Mental Illness' 'hardship Due to Separation From Child' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentences

Legal Issues

  1. 1 ["Whether sentencing judge erred by failing to mitigate the applicant's sentence due to depression and a dissociative behavioural state" 'Whether hardship caused by separation from son should have mitigated sentence' "Whether sentencing judge failed to take into account applicant's remorse and rehabilitation" 'Whether particular sentences and total effective sentence are manifestly excessive']

Ratio Decidendi

It was open to the sentencing judge to reject the causal link between applicant's mental illness and offending, and find circumstances of hardship did not amount to exceptional; consequently, the sentences, though in the upper range, were appropriate for the level and duration of offending and not manifestly excessive; leave to appeal granted, appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal against severity of sentence is granted.' 'Appeal against sentence is dismissed.']