Regina v Ah-See [2004] NSWCCA 202

Regina v Ah-See [2004] NSWCCA 202

The applicant's subjective case and aboriginality did not warrant leniency, protective custody was not shown to be sufficiently onerous to justify sentence reduction, and the sentence imposed was not manifestly excessive given the seriousness and the applicant's record.

Jurisdiction
Australia
Judgment Date
28 June 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; Appeal dismissed.
Legal Topics
['sentencing' 'fernando Principles' 'protective Custody' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'fernando Principles' 'protective Custody' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge had insufficient regard to the applicant's subjective case and the Fernando principles" "Whether the sentencing judge erred in failing to have regard to the applicant's protective custody in determining sentence length and special circumstances" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The applicant's subjective case and aboriginality did not warrant leniency, protective custody was not shown to be sufficiently onerous to justify sentence reduction, and the sentence imposed was not manifestly excessive given the seriousness and the applicant's record.

Court Disposition

Leave to appeal granted; Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']