Robertson v R [2015] NSWCCA 251

Robertson v R [2015] NSWCCA 251

While ground existed to grant leave to appeal, the sentencing judge did not engage in impermissible double counting of violence as an aggravating factor, and the sentence imposed was not manifestly excessive given the circumstances, including planning, lack of remorse, and subjective features of the applicant compared to the cases cited.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'manslaughter' 'aggravating and Mitigating Factors' 'comparable Sentences' 'manifest Excess' 'double Counting']
['criminal Law'] ['sentencing' 'manslaughter' 'aggravating and Mitigating Factors' 'comparable Sentences' 'manifest Excess' 'double Counting']

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 / Leave to Appeal and Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating violence as an aggravating circumstance when it may have been an inherent element of the offence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

While ground existed to grant leave to appeal, the sentencing judge did not engage in impermissible double counting of violence as an aggravating factor, and the sentence imposed was not manifestly excessive given the circumstances, including planning, lack of remorse, and subjective features of the applicant compared to the cases cited.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']