Gregory John Walsh v R [2015] NSWCCA 83

Gregory John Walsh v R [2015] NSWCCA 83

The aggregate sentence, though severe, was not manifestly excessive and the extent of accumulation was consistent with the sentencing judge's approach, so the appeal was dismissed.

Parties
Applicant: Gregory John Walsh; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
08 May 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Aggravated Sexual Assault, Manifestly Excessive Sentence, Concurrency and Accumulation of Sentences
Criminal Law Appeal Against Sentence Aggravated Sexual Assault Manifestly Excessive Sentence Concurrency and Accumulation of Sentences

Case Brief

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Parties

Gregory John Walsh

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether there was an incongruity between the aggregate sentence imposed and the indicated sentences
  2. 2 Whether the aggregate sentence was manifestly excessive

Ratio Decidendi

The aggregate sentence, though severe, was not manifestly excessive and the extent of accumulation was consistent with the sentencing judge's approach, so the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed