De Angelis v R [2015] NSWCCA 197

De Angelis v R [2015] NSWCCA 197

No basis was shown for interference with the sentencing judge's discretionary conclusion regarding utilitarian value of plea and sentence reduction; the aggregate sentence imposed was not manifestly excessive, as neither a sufficiently severe mental condition nor a causal connection to the offending was established.

Parties
Applicant: Dimitri De Angelis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Appellate Judgment Rendered
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Fraud, Mental Condition and Capacity, Utilitarian Value of Plea, Manifest Excess
Criminal Law Sentencing Fraud Mental Condition and Capacity Utilitarian Value of Plea Manifest Excess

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Parties

Dimitri De Angelis

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Appellate Judgment Rendered

Legal Issues

  1. 1 Whether the discount for pleas of guilty was adequate given the timing after a fitness determination
  2. 2 Whether the aggregate sentence was manifestly excessive, particularly in light of the applicant's purported mental condition

Ratio Decidendi

No basis was shown for interference with the sentencing judge's discretionary conclusion regarding utilitarian value of plea and sentence reduction; the aggregate sentence imposed was not manifestly excessive, as neither a sufficiently severe mental condition nor a causal connection to the offending was established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Extend the time for filing an application for leave to appeal against sentence to 17 April 2015
  • Grant leave to appeal against sentence