Hoskins v R [2016] NSWCCA 157

Hoskins v R [2016] NSWCCA 157

The sentencing judge correctly exercised discretion in considering all relevant subjective and objective circumstances, including provocation, health, bail conditions, protective custody, and parity with co-offenders. There was no demonstrated error in the treatment of any factors raised by the applicant. No ground for appellate intervention or granting leave to appeal against sentence out of time was shown.

Jurisdiction
Australia
Judgment Date
08 August 2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence Out of Time
Outcome
Application for leave to appeal against sentence refused
Legal Topics
['sentence' 'joint Criminal Enterprise' 'provocation' 'relevance of Ill Health to Sentence' 'quasi Custody on Bail' 'parity' 'effect of Incarceration on Family' 'special Circumstances']
['criminal Law'] ['sentence' 'joint Criminal Enterprise' 'provocation' 'relevance of Ill Health to Sentence' 'quasi Custody on Bail' 'parity' 'effect of Incarceration on Family' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence Out of Time

Legal Issues

  1. 1 ["Whether the sentencing judge erred in taking into account or failing to sufficiently allow for the applicant's psychological report, medical problems, treatment in custody, bail conditions, provocation, protective custody, family hardship, parity with co-offenders, community work, hardships during custody (assault/incident), mental health, and special circumstances"]

Ratio Decidendi

The sentencing judge correctly exercised discretion in considering all relevant subjective and objective circumstances, including provocation, health, bail conditions, protective custody, and parity with co-offenders. There was no demonstrated error in the treatment of any factors raised by the applicant. No ground for appellate intervention or granting leave to appeal against sentence out of time was shown.

Court Disposition

Application for leave to appeal against sentence refused

Orders

  • ['Leave to appeal against sentence is refused.']