Saunders v R [2022] NSWCCA 174

Saunders v R [2022] NSWCCA 174

No denial of procedural fairness occurred because the applicant had opportunities to address the issue of leniency based on criminal history, the judge was not bound to accept submissions concerning discretionary matters, and in any event, some leniency was extended. There was no practical injustice and the applicant was not deprived of a reasonable opportunity to present his case.

Jurisdiction
Australia
Judgment Date
17 August 2022
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'procedural Fairness' 'leniency in Sentencing' 'prior Criminal History']
['criminal Law'] ['appeal Against Sentence' 'procedural Fairness' 'leniency in Sentencing' 'prior Criminal History']

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 Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge denied the applicant procedural fairness in finding that his criminal history disentitled him to leniency.' 'Whether the sentencing judge erred by not raising the issue of leniency based on criminal history during oral submissions.']

Ratio Decidendi

No denial of procedural fairness occurred because the applicant had opportunities to address the issue of leniency based on criminal history, the judge was not bound to accept submissions concerning discretionary matters, and in any event, some leniency was extended. There was no practical injustice and the applicant was not deprived of a reasonable opportunity to present his case.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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