Regina v Farra [1999] NSWCCA 283

Regina v Farra [1999] NSWCCA 283

No error was demonstrated in the sentencing Judge's approach to the apportionment of sentence or in the assessment of subjective features. The aggregate sentence was not manifestly excessive, and the appellate court's role is not to substitute its own judgment unless legal error is established.

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'armed Robbery' 'kidnapping']
['criminal Law'] ['sentencing' 'armed Robbery' 'kidnapping']

Case Brief

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 / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the sentencing Judge erred in the apportionment between minimum and additional terms' "Whether 'special circumstances' should have been found under s 5(2) of the Sentencing Act"]

Ratio Decidendi

No error was demonstrated in the sentencing Judge's approach to the apportionment of sentence or in the assessment of subjective features. The aggregate sentence was not manifestly excessive, and the appellate court's role is not to substitute its own judgment unless legal error is established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Substantive appeal dismissed']