Linney v R [2013] NSWCCA 251

Linney v R [2013] NSWCCA 251

The sentence was not manifestly excessive, the sentencing judge did not err in treating emotional harm as an aggravating factor on the available evidence, proper weight was given to mitigating features, and it was open to the judge to decline to find good prospects of rehabilitation or likeliness not to re-offend....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 November 2013
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Leave to appeal against sentence granted. Appeal against sentence dismissed.
Legal Topics
['sentence Appeal' 'threatening Judicial Officer' 'aggravating Factors' 'assessment of Seriousness' 'mitigating Circumstances']
['criminal Law'] ['sentence Appeal' 'threatening Judicial Officer' 'aggravating Factors' 'assessment of Seriousness' 'mitigating Circumstances']

Source-derived case record

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether sentence imposed was manifestly excessive' 'Whether sentencing judge erred in treating emotional harm as an aggravating factor without sufficient evidence it was substantial' 'Whether sufficient weight was given to mitigating circumstances' 'Whether applicant had good prospects of rehabilitation and was unlikely to re-offend']

Ratio Decidendi

The sentence was not manifestly excessive, the sentencing judge did not err in treating emotional harm as an aggravating factor on the available evidence, proper weight was given to mitigating features, and it was open to the judge to decline to find good prospects of rehabilitation or likeliness not to re-offend. Accordingly, leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal against sentence granted. Appeal against sentence dismissed.

Orders

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