Robertson v R [2009] NSWCCA 38
The departure from the normal statutory proportion between the non-parole period and total term was minor, and the sentencing judge took adequate care in selecting the overall non-parole period, consistent with legal principles and statutory provisions. No error was detected in the determination; even if there was a technical error, no other sentence was warranted.
- Parties
- Applicant: Dean Stanley Robertson; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 23 February 2009
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
- Outcome
- Leave to appeal granted. Appeal dismissed.
- Legal Topics
- Sentencing, Principles of Cumulation, Totality, Non Parole Period, Aggravated Break, Enter and Steal, Malicious Damage, Take and Drive Conveyance
Case Brief
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Parties
Dean Stanley Robertson
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in failing to take into account the effect of cumulation in determining the non-parole period
Ratio Decidendi
The departure from the normal statutory proportion between the non-parole period and total term was minor, and the sentencing judge took adequate care in selecting the overall non-parole period, consistent with legal principles and statutory provisions. No error was detected in the determination; even if there was a technical error, no other sentence was warranted.
Court Disposition
Leave to appeal granted. Appeal dismissed.
Orders
- Leave to appeal granted.
- Appeal dismissed.
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