Micklesson v R [2009] NSWCCA 61

Micklesson v R [2009] NSWCCA 61

The offence was very serious and well above the mid-range, particularly because it was planned, committed in company in occupied premises, involved multiple victims and criminal acts, and a loaded shotgun was discharged three times in close proximity to residents. In such a case the maximum penalty was an important guide, and less weight could be given to the applicant's youth, limited record and rehabilitation prospects. Although the sentence was heavy, it did not fall outside the sentencing judge's discretion and was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Application for leave to appeal granted but appeal dismissed.
Legal Topics
['home Invasion' 'specially Aggravated Break, Enter and Commit Serious Indictable Offence' 'manifestly Excessive Sentence' 'standard Non Parole Period' 'objective Seriousness']
['criminal Law' 'sentencing'] ['home Invasion' 'specially Aggravated Break, Enter and Commit Serious Indictable Offence' 'manifestly Excessive Sentence' 'standard Non Parole Period' 'objective Seriousness']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence for specially aggravated break, enter and commit a serious indictable offence contrary to s 112(3) of the Crimes Act 1900 was manifestly excessive.']

Ratio Decidendi

The offence was very serious and well above the mid-range, particularly because it was planned, committed in company in occupied premises, involved multiple victims and criminal acts, and a loaded shotgun was discharged three times in close proximity to residents. In such a case the maximum penalty was an important guide, and less weight could be given to the applicant's youth, limited record and rehabilitation prospects. Although the sentence was heavy, it did not fall outside the sentencing judge's discretion and was not manifestly excessive.

Court Disposition

Application for leave to appeal granted but appeal dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'The appeal is dismissed.']