Regina v Manok [2017] NSWCCA 232

Regina v Manok [2017] NSWCCA 232

The Court found that although error was shown by the sentencing judge in the assessment of moral culpability, the residual discretion under s 5D of the Criminal Appeal Act 1912 (NSW) warranted declining to interfere with the sentence due to the respondent's strong subjective case and progress towards rehabilitation.

Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['sentence Appeal' 'dangerous Driving Causing Death' 'dangerous Driving Causing Grievous Bodily Harm' 'assessment of Moral Culpability' 'manifest Inadequacy' 'general Deterrence' 'totality Principle']
['criminal Law'] ['sentence Appeal' 'dangerous Driving Causing Death' 'dangerous Driving Causing Grievous Bodily Harm' 'assessment of Moral Culpability' 'manifest Inadequacy' 'general Deterrence' 'totality Principle']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of moral culpability' 'Whether the sentence was manifestly inadequate' 'Whether the sentence failed to have due regard to general deterrence' 'Whether principles of totality were properly applied']

Ratio Decidendi

The Court found that although error was shown by the sentencing judge in the assessment of moral culpability, the residual discretion under s 5D of the Criminal Appeal Act 1912 (NSW) warranted declining to interfere with the sentence due to the respondent's strong subjective case and progress towards rehabilitation.

Court Disposition

Appeal dismissed

Orders

  • ['Crown appeal dismissed']