Lovoni v R [2011] NSWCCA 289

Lovoni v R [2011] NSWCCA 289

Leave to appeal was granted, but the appeal was dismissed because the sentencing judge's allowance for special circumstances was not shown to involve error, the difference between the applicant's sentence and the co-offender's sentence did not amount to a marked disparity giving rise to a justifiable sense of grievance, and the sentence was not manifestly excessive having regard to the 20-year maximum penalty, the five-year standard non-parole period, the objective and subjective features, and the fact that the applicant was on parole at the time of the offence.

Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Criminal Sentence Severity Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['special Circumstances' 'parity of Sentence' 'manifestly Excessive Sentence' 'aggravated Breaking, Entering and Stealing']
['criminal Law' 'sentencing'] ['special Circumstances' 'parity of Sentence' 'manifestly Excessive Sentence' 'aggravated Breaking, Entering and Stealing']

Case Brief

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Procedural Posture

Criminal Sentence Severity Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge impermissibly fettered discretion in considering the allowance for special circumstances.' 'Whether the applicant had a justifiable sense of grievance when comparing his sentence with the sentence imposed on co-offender Robert Campbell.' 'Whether the head sentence and non-parole period were manifestly excessive.']

Ratio Decidendi

Leave to appeal was granted, but the appeal was dismissed because the sentencing judge's allowance for special circumstances was not shown to involve error, the difference between the applicant's sentence and the co-offender's sentence did not amount to a marked disparity giving rise to a justifiable sense of grievance, and the sentence was not manifestly excessive having regard to the 20-year maximum penalty, the five-year standard non-parole period, the objective and subjective features, and the fact that the applicant was on parole at the time of the offence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']