Gary Wayne Lobsey v R [2012] NSWCCA 239

Gary Wayne Lobsey v R [2012] NSWCCA 239

The sentence was not manifestly excessive; the characterisation of the offending as 'vicious and cowardly' was open on the facts; the applicant's plea of guilty and expressions of contrition were accounted for; the seriousness of the offence and the applicant’s criminal history justified the sentence imposed.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Sentence; Appeal Dismissed
Outcome
Appeal dismissed after granting extension of time and leave to appeal.
Legal Topics
['robbery Inflicting Grievous Bodily Harm' 'sentencing' 'manifestly Excessive Sentence' 'characterisation of Offending' 'specific and General Deterrence' 'mitigating Factors']
['criminal Law'] ['robbery Inflicting Grievous Bodily Harm' 'sentencing' 'manifestly Excessive Sentence' 'characterisation of Offending' 'specific and General Deterrence' 'mitigating Factors']

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Sentence; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether it was open to the sentencing judge to characterise the offending as 'vicious and cowardly'"]

Ratio Decidendi

The sentence was not manifestly excessive; the characterisation of the offending as 'vicious and cowardly' was open on the facts; the applicant's plea of guilty and expressions of contrition were accounted for; the seriousness of the offence and the applicant’s criminal history justified the sentence imposed.

Court Disposition

Appeal dismissed after granting extension of time and leave to appeal.

Orders

  • ['Extend the time in which to file a notice of intention to seek leave to appeal;' 'Grant leave to appeal;' 'Dismiss the appeal.']