Daniel Clayton Scott v R [2011] NSWCCA 221

Daniel Clayton Scott v R [2011] NSWCCA 221

It was not established that sentencing practice had moved adversely to the applicant since the time of offence; the sentencing judge did not err by imposing sentence in accordance with contemporary standards. Additionally, it was within the discretion of the sentencing judge to make the sentences for the offences partly cumulative, given the presence of separate criminality.

Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence Granted; Appeal Dismissed
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'accessory Before the Fact' 'manslaughter' 'assault With Intent to Rob' 'sentencing Delay' 'sentencing Patterns']
['criminal Law'] ['sentencing' 'accessory Before the Fact' 'manslaughter' 'assault With Intent to Rob' 'sentencing Delay' 'sentencing Patterns']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence Granted; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to sentence the applicant in accordance with sentencing patterns prevalent at the time of the offence' 'Whether the sentencing judge erred in failing to make the sentence in relation to assault with intent to rob wholly concurrent with the manslaughter count']

Ratio Decidendi

It was not established that sentencing practice had moved adversely to the applicant since the time of offence; the sentencing judge did not err by imposing sentence in accordance with contemporary standards. Additionally, it was within the discretion of the sentencing judge to make the sentences for the offences partly cumulative, given the presence of separate criminality.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence is granted to the applicant.' 'The appeal against sentence is dismissed.']