REGINA V SHANNON [2002] NSWCCA 115

REGINA V SHANNON [2002] NSWCCA 115

The sentencing judge made no error in refusing leniency based on the applicant's antecedents, as the antecedents did not warrant leniency and were not treated as aggravating. The s 33B offence was objectively serious, involving shooting at an unsuspecting motorcyclist on a highway, and the firearm offence was distinct and properly attracted partial cumulation. The sentence structure still gave the applicant a benefit for special circumstances, and no sentencing error was shown.

Jurisdiction
Australia
Judgment Date
25 March 2002
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['use of Offensive Weapon With Intent to Commit an Indictable Offence' 'possession of Unlicensed Pistol' 'partially Cumulative Sentences' 'special Circumstances' 'antecedents']
['criminal Law' 'sentencing'] ['use of Offensive Weapon With Intent to Commit an Indictable Offence' 'possession of Unlicensed Pistol' 'partially Cumulative Sentences' 'special Circumstances' 'antecedents']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by not giving leniency for the applicant's antecedents and subjective circumstances." 'Whether the partial cumulation of the firearm sentence and the s 33B sentence deprived the applicant of the benefit of the finding of special circumstances.' 'Whether the sentences imposed were excessive or otherwise affected by error.']

Ratio Decidendi

The sentencing judge made no error in refusing leniency based on the applicant's antecedents, as the antecedents did not warrant leniency and were not treated as aggravating. The s 33B offence was objectively serious, involving shooting at an unsuspecting motorcyclist on a highway, and the firearm offence was distinct and properly attracted partial cumulation. The sentence structure still gave the applicant a benefit for special circumstances, and no sentencing error was shown.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['That leave to appeal be granted.' 'That the appeal be dismissed.']