LOGAN v REGINA [2003] NSWCCA 185

LOGAN v REGINA [2003] NSWCCA 185

Leave to appeal was granted but the appeal was dismissed because the sentencing judge had considered the applicant's contrition, rehabilitation prospects, Aboriginality, alcohol abuse and intellectual disadvantage, had applied the principle of totality by structuring the sentences partly cumulatively and partly concurrently, and the resulting sentences were not manifestly excessive having regard to the objective seriousness of the offences and the applicant's offending while on conditional liberty and bail.

Jurisdiction
Australia
Judgment Date
24 June 2003
Procedural Posture
Appeal Against Sentence Consequent on Guilty Plea / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'guilty Plea' 'robbery' 'steal From a Person' 'malicious Damage' 'contrition' 'prospects of Rehabilitation' 'principle of Totality' 'aboriginality']
['criminal Law' 'sentencing' 'criminal Procedure'] ['sentence Appeal' 'guilty Plea' 'robbery' 'steal From a Person' 'malicious Damage' 'contrition' 'prospects of Rehabilitation' 'principle of Totality' 'aboriginality']

Case Brief

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Procedural Posture

Appeal Against Sentence Consequent on Guilty Plea / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge gave insufficient weight to the applicant's youth, Aboriginality, alcohol abuse, intellectual disadvantage and prospects of rehabilitation." 'Whether the sentences imposed were manifestly excessive.' 'Whether the sentencing judge correctly applied the principle of totality when imposing partly cumulative and partly concurrent sentences.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the sentencing judge had considered the applicant's contrition, rehabilitation prospects, Aboriginality, alcohol abuse and intellectual disadvantage, had applied the principle of totality by structuring the sentences partly cumulatively and partly concurrently, and the resulting sentences were not manifestly excessive having regard to the objective seriousness of the offences and the applicant's offending while on conditional liberty and bail.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']