REESE, David Robert v R [2006] NSWCCA 421

REESE, David Robert v R [2006] NSWCCA 421

The sentencing judge did not impermissibly treat the applicant’s criminal record as an aggravating factor, and the sentence imposed, given the seriousness of the offence, was not manifestly excessive.

Parties
Applicant: David Robert Reese; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 March 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Aggravated Break, Enter and Steal, Assault Occasioning Actual Bodily Harm, Plea of Guilty, Prior Criminal Record, Manifest Excess
Criminal Law Sentence Appeal Aggravated Break, Enter and Steal Assault Occasioning Actual Bodily Harm Plea of Guilty Prior Criminal Record Manifest Excess

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Parties

David Robert Reese

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in treating the applicant’s criminal record as an aggravating factor
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge did not impermissibly treat the applicant’s criminal record as an aggravating factor, and the sentence imposed, given the seriousness of the offence, was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed