Alkanaan v Regina [2017] NSWCCA 56

Alkanaan v Regina [2017] NSWCCA 56

Leave to appeal was granted but the appeal was dismissed, as no error was shown in the sentencing judge’s assessment of objective seriousness, consideration of subjective features including mental illness, treatment of aggravating factors, assessment of remorse, finding of special circumstances or totality, nor was the sentence manifestly excessive in light of the statutory guideposts and facts.

Jurisdiction
Australia
Judgment Date
11 April 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'murder' 'mental Illness as Mitigation' 'aggravating Factors' 'remorse' 'special Circumstances' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'murder' 'mental Illness as Mitigation' 'aggravating Factors' 'remorse' 'special Circumstances' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of objective criminality' 'Whether the sentencing judge erred in treatment of subjective features including mental illness' 'Whether aggravating factors were correctly considered' 'Whether remorse was shown and properly assessed' 'Whether special circumstances should have been found' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed, as no error was shown in the sentencing judge’s assessment of objective seriousness, consideration of subjective features including mental illness, treatment of aggravating factors, assessment of remorse, finding of special circumstances or totality, nor was the sentence manifestly excessive in light of the statutory guideposts and facts.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Appeal dismissed']