MARLIN v R [2007] NSWCCA 222

MARLIN v R [2007] NSWCCA 222

The applicant's concerns about access to the CUBIT Sex Offenders Program could not provide a basis for review of the sentence, and the evidence of his cardiovascular issues and possible minor coronary events did not show health problems of a kind justifying intervention by the Court.

Jurisdiction
Australia
Judgment Date
20 March 2007
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Sexual Intercourse Without Consent' 'self Represented Applicant' 'cubit Sex Offenders Program' 'health of Offender in Sentencing' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Sexual Intercourse Without Consent' 'self Represented Applicant' 'cubit Sex Offenders Program' 'health of Offender in Sentencing' 'special Circumstances']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the applicant's apparent inability to attend or complete the CUBIT Sex Offenders Program provided a basis to review his sentence." "Whether the applicant's deteriorating health while in custody warranted intervention by the Court of Criminal Appeal."]

Ratio Decidendi

The applicant's concerns about access to the CUBIT Sex Offenders Program could not provide a basis for review of the sentence, and the evidence of his cardiovascular issues and possible minor coronary events did not show health problems of a kind justifying intervention by the Court.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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