McGuiness v R [2021] NSWCCA 80

McGuiness v R [2021] NSWCCA 80

The sentencing judge did not take into account the applicant being on conditional liberty in assessing objective seriousness. The Bugmy principles and relevant subjective evidence were properly considered. The sentence was not unreasonable or plainly unjust having regard to objective seriousness, the applicant's circumstances, and comparable cases. Grounds of appeal were not made out.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence From District Court; Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'objective Seriousness' 'bugmy Principles' 'manifestly Excessive Sentence']
['criminal Law'] ['appeal Against Sentence' 'objective Seriousness' 'bugmy Principles' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence From District Court; Determination of Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by taking into account conditional liberty in assessing objective seriousness' 'Whether the sentencing judge failed to consider Bugmy principles and evidence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not take into account the applicant being on conditional liberty in assessing objective seriousness. The Bugmy principles and relevant subjective evidence were properly considered. The sentence was not unreasonable or plainly unjust having regard to objective seriousness, the applicant's circumstances, and comparable cases. Grounds of appeal were not made out.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['The applicant is granted leave to appeal.' 'The appeal is dismissed.']