Ryan v R [2011] NSWCCA 250

Ryan v R [2011] NSWCCA 250

There was no error in the sentencing judge's approach to motive, duress, or remorse; the sentences imposed, individually and in aggregate, were within the appropriate range given the offending's objective seriousness and the applicant's criminal history. Leave to appeal granted, appeal dismissed.

Parties
Applicant: Dean Devin Ryan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 November 2011
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Leave and Merits
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Severity of Sentence, Dishonesty Offences, Duress, Remorse, Manifestly Excessive Sentence, Aggregate Sentencing, Personal Circumstances, Plea of Guilty, Mitigating Factors
Criminal Law Severity of Sentence Dishonesty Offences Duress Remorse Manifestly Excessive Sentence Aggregate Sentencing Personal Circumstances +2 more

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Parties

Dean Devin Ryan

Applicant

Regina

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Leave and Merits

Legal Issues

  1. 1 Whether sentencing judge failed to adequately consider motive, duress and remorse
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

There was no error in the sentencing judge's approach to motive, duress, or remorse; the sentences imposed, individually and in aggregate, were within the appropriate range given the offending's objective seriousness and the applicant's criminal history. Leave to appeal granted, appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal be granted
  • Appeal dismissed