CAMPBELL-STEPHEN v REGINA [2010] NSWCCA 204

CAMPBELL-STEPHEN v REGINA [2010] NSWCCA 204

The sentencing judge was correct in not attributing provocation to the victim for the purposes of s.21A(3)(c) and did not fail to consider mitigation where warranted; the sentence was within the appropriate range, the offence was properly assessed as mid-range seriousness, and there was no error warranting appellate intervention.

Parties
Applicant: Douglas George Campbell-Stephen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 September 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Substantive Appeal
Outcome
Appeal dismissed; leave to appeal granted
Legal Topics
Sentencing, Provocation, Manifest Excess, Objective Seriousness of Offence
Criminal Law Sentencing Provocation Manifest Excess Objective Seriousness of Offence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Douglas George Campbell-Stephen

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in excluding provocation from the victim under s.21A(3)(c) of the Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the sentencing judge failed to give proper weight to provocation
  3. 3 Whether the offence was properly characterised as mid-range of objective seriousness

Ratio Decidendi

The sentencing judge was correct in not attributing provocation to the victim for the purposes of s.21A(3)(c) and did not fail to consider mitigation where warranted; the sentence was within the appropriate range, the offence was properly assessed as mid-range seriousness, and there was no error warranting appellate intervention.

Court Disposition

Appeal dismissed; leave to appeal granted

Orders

  • Leave to appeal granted
  • Appeal dismissed