R v Timu [2002] NSWCCA 421

R v Timu [2002] NSWCCA 421

It was open to the sentencing judge, on the evidence, to make the adverse findings of fact to the requisite standard and the sentence imposed was not manifestly excessive nor outside the proper range of sentencing discretion.

Jurisdiction
Australia
Judgment Date
15 October 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal allowed; appeal dismissed.
Legal Topics
['application for Leave to Appeal Against Sentence' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'standard of Proof for Disputed Facts at Sentencing' 'sentencing Discretion' 'manifestly Excessive Sentence']
['criminal Law'] ['application for Leave to Appeal Against Sentence' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'standard of Proof for Disputed Facts at Sentencing' 'sentencing Discretion' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge applied the correct onus and standard of proof for disputed facts' 'Whether there was sufficient evidence to make findings of fact adverse to the applicant' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

It was open to the sentencing judge, on the evidence, to make the adverse findings of fact to the requisite standard and the sentence imposed was not manifestly excessive nor outside the proper range of sentencing discretion.

Court Disposition

Leave to appeal allowed; appeal dismissed.

Orders

  • ['Leave to appeal allowed' 'Appeal dismissed']