RAJAGOPAL Hariharan v R [2012] NSWCCA 148

RAJAGOPAL Hariharan v R [2012] NSWCCA 148

The sentence imposed was manifestly excessive and outside the range available given the objective gravity of the offences and the applicant's role; error is established warranting appellate intervention and resentencing.

Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Criminal Sentence Appeal / Judgment on Appeal
Outcome
Appeal allowed; applicant resentenced; sentences imposed in District Court quashed
Legal Topics
['sentence Appeal' 'manifest Excess' 'latent Error' 'using a False Instrument With Intent' 'recklessly Dealing With Proceeds of Crime']
['criminal Law'] ['sentence Appeal' 'manifest Excess' 'latent Error' 'using a False Instrument With Intent' 'recklessly Dealing With Proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether the sentencing judge erred in assessing objective seriousness of the offending' 'Whether appropriate effect was given to the availability of summary disposal' 'Whether the sentencing judge misapplied special circumstances' 'Whether statistics relating to prior sentencing should affect the outcome']

Ratio Decidendi

The sentence imposed was manifestly excessive and outside the range available given the objective gravity of the offences and the applicant's role; error is established warranting appellate intervention and resentencing.

Court Disposition

Appeal allowed; applicant resentenced; sentences imposed in District Court quashed

Orders

  • ['Extension of time to appeal granted' 'Leave to appeal granted and appeal allowed' 'Sentences imposed in District Court quashed' "Applicant resentenced: Counts 2-4: 10 months' imprisonment commencing 27 November 2009 and expiring 26 September 2010" "Count 5: 18 months' imprisonment commencing 27 November 2009 and...