Daniel Michael Horne v R [2011] NSWCCA 225

Daniel Michael Horne v R [2011] NSWCCA 225

The aggregate sentence imposed by the sentencing judge achieved precisely what the judge stated to be his intent at both the outset and conclusion of sentencing remarks, and gave appropriate regard to special circumstances; no error was shown in the exercise of the judge’s discretion in setting the non-parole period and sentence structure.

Parties
Applicant: Daniel Michael Horne; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 October 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted but appeal dismissed.
Legal Topics
Sentencing, Special Circumstances, Aggregate Sentences
Criminal Law Sentencing Special Circumstances Aggregate Sentences

Case Brief

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Parties

Daniel Michael Horne

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give effect to a finding of special circumstances in setting the aggregate sentence's parole and fixed term structure.

Ratio Decidendi

The aggregate sentence imposed by the sentencing judge achieved precisely what the judge stated to be his intent at both the outset and conclusion of sentencing remarks, and gave appropriate regard to special circumstances; no error was shown in the exercise of the judge’s discretion in setting the non-parole period and sentence structure.

Court Disposition

Leave to appeal against sentence granted but appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is dismissed.