Lord v R [2020] NSWCCA 208

Lord v R [2020] NSWCCA 208

The sentencing judge did not err in declining to make a finding as to the full mitigating value of the rescue due to lack of detailed evidence, and the sentence imposed was not manifestly excessive in all the circumstances of the offence and offender.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'manslaughter' 'mitigating Factors' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'manslaughter' 'mitigating Factors' 'manifest Excess']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by discounting the significance of the applicant's actions in retrieving his wife from the vehicle as a mitigating factor" 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in declining to make a finding as to the full mitigating value of the rescue due to lack of detailed evidence, and the sentence imposed was not manifestly excessive in all the circumstances of the offence and offender.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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