Dellow v R [2020] NSWCCA 301

Dellow v R [2020] NSWCCA 301

The applicant's conviction and sentence were upheld as the verdicts could be reconciled on the evidence and no error was found in the exercise of the sentencing discretion, including recognition of the applicant's background and backdating of the sentence.

Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'inconsistent Verdicts' 'sentencing Principles' 'effect of Disadvantaged Background' 'aggregate Sentencing' 'totality Principle']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'inconsistent Verdicts' 'sentencing Principles' 'effect of Disadvantaged Background' 'aggregate Sentencing' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether jury's verdicts were inconsistent and irreconcilable" 'Whether sentencing judge failed to take into account principles in Bugmy v R' 'Whether there was error in the backdating of the sentence under the totality principle']

Ratio Decidendi

The applicant's conviction and sentence were upheld as the verdicts could be reconciled on the evidence and no error was found in the exercise of the sentencing discretion, including recognition of the applicant's background and backdating of the sentence.

Court Disposition

Appeal dismissed

Orders

  • ['Grant leave to appeal against conviction and sentence' 'Appeal dismissed']