Boyd v R [2012] NSWCCA 279

Boyd v R [2012] NSWCCA 279

The appeal was dismissed because any reference by the sentencing judge to the applicant's past history in rejecting genuine remorse was, at most, an infelicity of expression and did not warrant appellate intervention; the sentencing judge was entitled to reject the applicant's evidence of remorse. The refusal to find special circumstances was a discretionary conclusion open to the sentencing judge, who had considered the issue, the accumulated sentences and the statutory ratio, and gave sufficient reasons by identifying the overall non-parole period as the minimum time the offender should spend in custody.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Sentence' 'remorse and Contrition' 'past Criminal History' 'special Circumstances' 'non Parole Period' 'totality']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'remorse and Contrition' 'past Criminal History' 'special Circumstances' 'non Parole Period' 'totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding that the applicant's past history impacted on remorse or contrition." 'Whether the sentencing judge erred in refusing to find special circumstances.' 'Whether the sentencing judge failed to give reasons for declining to find special circumstances.']

Ratio Decidendi

The appeal was dismissed because any reference by the sentencing judge to the applicant's past history in rejecting genuine remorse was, at most, an infelicity of expression and did not warrant appellate intervention; the sentencing judge was entitled to reject the applicant's evidence of remorse. The refusal to find special circumstances was a discretionary conclusion open to the sentencing judge, who had considered the issue, the accumulated sentences and the statutory ratio, and gave sufficient reasons by identifying the overall non-parole period as the minimum time the offender should spend in custody.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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