Bamblett v R [2013] NSWCCA 161

Bamblett v R [2013] NSWCCA 161

The sentencing judge did not fail to consider the effect of accumulation on the balance of parole or the question of special circumstances, and it was open to him not to find special circumstances given the applicant's poor prospects of rehabilitation and the circumstances of the offending. A starting point of six years for an offence carrying a 14 year maximum, committed in breach of parole after previous failures on conditional liberty and with poor rehabilitation prospects, was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused.
Legal Topics
['aggravated Break and Enter With Intent to Steal' 'guilty Plea' 'special Circumstances' 'accumulation of Sentences' 'parole Breach' 'manifest Excess']
['criminal Law' 'sentencing'] ['aggravated Break and Enter With Intent to Steal' 'guilty Plea' 'special Circumstances' 'accumulation of Sentences' 'parole Breach' 'manifest Excess']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to find or consider special circumstances in the context of partial accumulation upon the balance of parole.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not fail to consider the effect of accumulation on the balance of parole or the question of special circumstances, and it was open to him not to find special circumstances given the applicant's poor prospects of rehabilitation and the circumstances of the offending. A starting point of six years for an offence carrying a 14 year maximum, committed in breach of parole after previous failures on conditional liberty and with poor rehabilitation prospects, was not manifestly excessive.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • ['Leave is refused']