Emiliano BUONOCORE v REGINA [2006] NSWCCA 159
The sentencing judge gave adequate weight to the applicant's prospects of rehabilitation, exercised appropriate discretion in giving additional weight to personal deterrence due to the Form 1 offence, and the sentence, though stern, was not manifestly excessive given the seriousness and planning involved.
- Parties
- Applicant: Emiliano Buonocore; Crown: Regina
- Jurisdiction
- Australia
- Judgment Date
- 18 May 2006
- Procedural Posture
- Crown Appeal (sentence) / Leave to Appeal Against Sentence; Appeal Dismissed
- Outcome
- Leave granted to appeal. Appeal dismissed.
- Legal Topics
- Sentencing, Armed Robbery, Form 1 Offence, Personal Deterrence, Manifest Excess
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Emiliano Buonocore
Applicant
Regina
Crown
Procedural Posture
Crown Appeal (sentence) / Leave to Appeal Against Sentence; Appeal Dismissed
Legal Issues
- 1 Whether the sentencing judge failed to take into account the applicant's prospects of rehabilitation
- 2 Whether the sentencing judge failed to consider the evidence before increasing the sentence for personal deterrence given the offence on the Form 1
- 3 Whether the sentence imposed was manifestly excessive
Ratio Decidendi
The sentencing judge gave adequate weight to the applicant's prospects of rehabilitation, exercised appropriate discretion in giving additional weight to personal deterrence due to the Form 1 offence, and the sentence, though stern, was not manifestly excessive given the seriousness and planning involved.
Court Disposition
Leave granted to appeal. Appeal dismissed.
Orders
- Leave to appeal against sentence is granted
- Appeal is dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment