Rosewarne, G.M. v. The Queen [1985] FCA 659

Rosewarne, G.M. v. The Queen [1985] FCA 659

The appeal was dismissed because no error was shown in the sentencing judge's exercise of discretion. The offences were serious, the sentences of 18 months' imprisonment with an 8 month non-parole period were not so extreme as to manifest error, the evidence supporting a non-custodial rehabilitative course was weak, and any possible factual error about family contact was not material because no sibling or other family member gave evidence of support.

Jurisdiction
Australia
Judgment Date
28 October 1985
Procedural Posture
Criminal Appeal Against Sentence / On Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed
Legal Topics
['appeal Against Sentence' 'breaking and Entering' 'stealing' 'excessive Sentence' 'non Parole Period' 'rehabilitation' 'deterrence']
['criminal Law'] ['appeal Against Sentence' 'breaking and Entering' 'stealing' 'excessive Sentence' 'non Parole Period' 'rehabilitation' 'deterrence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / On Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the sentences for breaking and entering and stealing were so extreme as to manifest error.' "Whether the sentencing judge erred in weighing the appellant's personal circumstances and prospects of rehabilitation." "Whether any factual error about the appellant's contact with family members materially affected the sentence."]

Ratio Decidendi

The appeal was dismissed because no error was shown in the sentencing judge's exercise of discretion. The offences were serious, the sentences of 18 months' imprisonment with an 8 month non-parole period were not so extreme as to manifest error, the evidence supporting a non-custodial rehabilitative course was weak, and any possible factual error about family contact was not material because no sibling or other family member gave evidence of support.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.']