Dyer v R [2011] NSWCCA 185

Dyer v R [2011] NSWCCA 185

Leave to appeal against sentence is granted; however, as the ground advanced was not raised before the sentencing Judge and no error is demonstrated, the appeal is dismissed. Even if the Applicant's custodial history could give rise to special circumstances, no lesser sentence is warranted due to the seriousness of the offence and findings of dangerousness.

Jurisdiction
Australia
Judgment Date
16 August 2011
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal dismissed; leave to appeal against sentence granted.
Legal Topics
['sentence Appeal' 'special Circumstances' 'assault Occasioning Actual Bodily Harm' 'entering a Building With Intent' 'parole Eligibility']
['criminal Law'] ['sentence Appeal' 'special Circumstances' 'assault Occasioning Actual Bodily Harm' 'entering a Building With Intent' 'parole Eligibility']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ["Whether the sentencing Judge erred in declining to find special circumstances due to the Applicant's custodial history" 'Whether a lesser sentence is warranted']

Ratio Decidendi

Leave to appeal against sentence is granted; however, as the ground advanced was not raised before the sentencing Judge and no error is demonstrated, the appeal is dismissed. Even if the Applicant's custodial history could give rise to special circumstances, no lesser sentence is warranted due to the seriousness of the offence and findings of dangerousness.

Court Disposition

Appeal dismissed; leave to appeal against sentence granted.

Orders

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