R v Leahy [2004] NSWCCA 148

R v Leahy [2004] NSWCCA 148

It was open to the sentencing judge to conclude that the s11 adjournment would materially assist the sentencing process and was in the interests of justice, even where a fulltime custodial sentence remained likely. The Court was not persuaded that the order should be set aside.

Source-derived case information.

Parties
Appellant: Crown; Respondent: Darren Leahy
Jurisdiction
Australia
Judgment Date
13 May 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
Crown Appeal, Adjournment Under S11 of the Crimes (sentencing Procedure) Act, Rehabilitation Prospects, Custodial Sentence
Criminal Law Crown Appeal Adjournment Under S11 of the Crimes (sentencing Procedure) Act Rehabilitation Prospects Custodial Sentence

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Parties

Crown

Appellant

Darren Leahy

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in adjourning proceedings under s11 of the Crimes (Sentencing Procedure) Act given the seriousness of the offence and the respondent's criminal record

Ratio Decidendi

It was open to the sentencing judge to conclude that the s11 adjournment would materially assist the sentencing process and was in the interests of justice, even where a fulltime custodial sentence remained likely. The Court was not persuaded that the order should be set aside.

Court Disposition

Appeal dismissed.