Duane Paul David DAVIS v R [2009] NSWCCA 279

Duane Paul David DAVIS v R [2009] NSWCCA 279

Despite inadequacies in the sentencing remarks, the objective seriousness of the offence, combined with aggravating factors such as violence, planning, two victims, and significant property, justify the sentence imposed, which is not manifestly excessive and within the discretion of the sentencing judge.

Jurisdiction
Australia
Judgment Date
26 November 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Appellate Judgment
Outcome
Application for leave to appeal is granted but appeal dismissed.
Legal Topics
['sentencing' 'aggravated Break and Enter' 'manifestly Excessive Sentence' 'assessment of Objective Seriousness' 'special Circumstances']
['criminal Law'] ['sentencing' 'aggravated Break and Enter' 'manifestly Excessive Sentence' 'assessment of Objective Seriousness' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence, Appellate Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed for aggravated break, enter and steal was manifestly excessive' 'Proper approach to sentencing where standard non-parole period applies']

Ratio Decidendi

Despite inadequacies in the sentencing remarks, the objective seriousness of the offence, combined with aggravating factors such as violence, planning, two victims, and significant property, justify the sentence imposed, which is not manifestly excessive and within the discretion of the sentencing judge.

Court Disposition

Application for leave to appeal is granted but appeal dismissed.

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']