Palijan v R [2010] NSWCCA 142

Palijan v R [2010] NSWCCA 142

The sentencing judge was entitled to treat the forced entry into and attack within the victim's home as aggravating because s 112(2) of the Crimes Act 1900 did not require the premises to be the victim's home and s 21A(2)(eb) expressly recognises that circumstance. Although the applicant's mental illness reduced the ordinary operation of general and personal deterrence, his serious violent history, rational conduct during parts of the incident, failure to continue medication after release, return to drugs and alcohol, and the need to protect the public justified the sentences imposed. The total effective sentence and each individual sentence were within the proper range of sentencing...

Jurisdiction
Australia
Judgment Date
14 July 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court After Guilty Pleas
Outcome
Leave to appeal against sentences granted but the appeal is dismissed.
Legal Topics
['aggravated Breaking and Entering and Committing a Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' "aggravating Factor of Offence Committed in the Victim's Home" 'mental Illness and Sentencing' 'general and Personal Deterrence' 'protection of the Public' 'standard Non Parole Period']
['criminal Law' 'sentencing' 'mental Health'] ['aggravated Breaking and Entering and Committing a Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' "aggravating Factor of Offence Committed in the Victim's Home" 'mental Illness and Sentencing' 'general and Personal Deterrence' 'protection of the Public' 'standard Non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court After Guilty Pleas

Legal Issues

  1. 1 ["Whether the sentencing judge erred by treating the fact that the offence occurred in the victim's home as an aggravating factor." "Whether the sentencing judge failed to give sufficient weight to the applicant's mental condition." 'Whether the sentences imposed were manifestly excessive.']

Ratio Decidendi

The sentencing judge was entitled to treat the forced entry into and attack within the victim's home as aggravating because s 112(2) of the Crimes Act 1900 did not require the premises to be the victim's home and s 21A(2)(eb) expressly recognises that circumstance. Although the applicant's mental illness reduced the ordinary operation of general and personal deterrence, his serious violent history, rational conduct during parts of the incident, failure to continue medication after release, return to drugs and alcohol, and the need to protect the public justified the sentences imposed. The total effective sentence and each individual sentence were within the proper range of sentencing...

Court Disposition

Leave to appeal against sentences granted but the appeal is dismissed.

Orders

  • ['Leave to appeal against sentences granted.' 'Appeal dismissed.']