R v Byrne [2005] NSWCCA 141

R v Byrne [2005] NSWCCA 141

There was no error in the sentencing judge's approach; sentences for each offence were appropriate and totality was considered. No error of fact regarding custodial conditions justified a reduced sentence. The overall sentence was not manifestly excessive.

Parties
Applicant: Darren Brett Byrne; Respondent: Crown
Jurisdiction
Australia
Judgment Date
14 April 2005
Procedural Posture
Appeal Against Sentence / Leave to Appeal Granted; Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Totality Principle, Form 1 Offences, Manifest Excess, Error of Fact
Criminal Law Sentencing Totality Principle Form 1 Offences Manifest Excess Error of Fact

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Parties

Darren Brett Byrne

Applicant

Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the starting point adopted by sentencing judge was manifestly excessive given the discounts applied
  2. 2 Whether the sentencing judge made an erroneous finding of fact regarding custodial conditions

Ratio Decidendi

There was no error in the sentencing judge's approach; sentences for each offence were appropriate and totality was considered. No error of fact regarding custodial conditions justified a reduced sentence. The overall sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.