R v Skinner [2018] NSWCCA 185

R v Skinner [2018] NSWCCA 185

The aggregate sentence, though lenient, was properly informed by findings on the respondent's intellectual disability, which diminished moral culpability and the applicability of deterrence and denunciation. The sentencing judge's assessment of the objective gravity of offences and degree of sentence concurrency was open on the evidence and within discretion. No error warranting intervention was established.

Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Criminal Appeal / Appeal Crown Appeal Against Inadequacy of Sentence
Outcome
Appeal dismissed
Legal Topics
['crown Appeal' 'aggregate Sentence' 'intellectually Disabled Offender' 'imitation Firearm Offences' 'possess Pistol' 'specially Aggravated Break Enter and Commit Serious Indictable Offence Whilst Armed' 'kidnapping' 'assessment of Objective Gravity' 'adequacy of Sentence Accumulation']
['criminal Law'] ['crown Appeal' 'aggregate Sentence' 'intellectually Disabled Offender' 'imitation Firearm Offences' 'possess Pistol' 'specially Aggravated Break Enter and Commit Serious Indictable Offence Whilst Armed' 'kidnapping' 'assessment of Objective Gravity' 'adequacy of Sentence Accumulation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Crown Appeal Against Inadequacy of Sentence

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed was manifestly inadequate' 'Proper assessment of objective gravity of kidnapping offence' 'Degree of concurrency or accumulation between sentences' 'Impact of intellectual disability on sentencing principles']

Ratio Decidendi

The aggregate sentence, though lenient, was properly informed by findings on the respondent's intellectual disability, which diminished moral culpability and the applicability of deterrence and denunciation. The sentencing judge's assessment of the objective gravity of offences and degree of sentence concurrency was open on the evidence and within discretion. No error warranting intervention was established.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal brought by the Crown be dismissed.']