Skocic v R [2014] NSWCCA 225

Skocic v R [2014] NSWCCA 225

Reliance on sentencing statistics alone cannot establish manifest excess as consistency in sentencing requires application of relevant legal principles; in light of the nature of the offending, aggravating factors, and lack of mitigation, the sentence imposed was within the appropriate discretionary range and not manifestly excessive.

Parties
Applicant: Dennis Skocic; Respondent: Crown
Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal is refused
Legal Topics
Appeal Against Sentence, Manifest Excess, Sentencing Statistics, Break and Enter, Reckless Damage of Property
Criminal Law Appeal Against Sentence Manifest Excess Sentencing Statistics Break and Enter Reckless Damage of Property

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Parties

Dennis Skocic

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether reliance solely on sentencing statistics can establish manifest excess

Ratio Decidendi

Reliance on sentencing statistics alone cannot establish manifest excess as consistency in sentencing requires application of relevant legal principles; in light of the nature of the offending, aggravating factors, and lack of mitigation, the sentence imposed was within the appropriate discretionary range and not manifestly excessive.

Court Disposition

Leave to appeal is refused

Orders

  • Leave to appeal is refused