Regina v David Paul ELEMES [2000] NSWCCA 235
No error of law was demonstrated in any of the respects relied upon by the applicant. The sentencing judge did not err regarding absence of contrition or weight given thereto, and the sentence imposed, though at the upper range, was not manifestly excessive nor indicative of error of law. Leave to appeal was granted but the appeal was dismissed.
- Parties
- Respondent: Regina; Appellant: David Paul Elemes
- Jurisdiction
- Australia
- Judgment Date
- 02 June 2000
- Procedural Posture
- Criminal Appeal / Leave to Appeal and Appeal Against Sentence
- Outcome
- Leave to appeal against sentence granted; appeal dismissed
- Legal Topics
- Sentencing, Contrition, Aboriginality, Breaking and Entering, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
David Paul Elemes
Appellant
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in principle regarding the absence of contrition
- 2 Whether excessive weight was given to absence of contrition
- 3 Whether the sentence was manifestly excessive
Ratio Decidendi
No error of law was demonstrated in any of the respects relied upon by the applicant. The sentencing judge did not err regarding absence of contrition or weight given thereto, and the sentence imposed, though at the upper range, was not manifestly excessive nor indicative of error of law. Leave to appeal was granted but the appeal was dismissed.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed
Orders
- Leave to appeal against sentence granted
- Appeal against sentence dismissed
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