SENDY, Ian William v R [2009] NSWCCA 299

SENDY, Ian William v R [2009] NSWCCA 299

Despite errors in calculation of discounts and wrongful aggravation regarding bail status, the effective sentences imposed were within the available range considering the seriousness, aggregate nature, and sentencing discretion. No lesser sentence was warranted at law.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'discount for Guilty Plea' 'aggravation' 'non Parole Period' 'special Circumstances' 'larceny' 'indecency' 'break and Enter']
['criminal Law'] ['appeal Against Sentence' 'discount for Guilty Plea' 'aggravation' 'non Parole Period' 'special Circumstances' 'larceny' 'indecency' 'break and Enter']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred in differentiating between the utilitarian value of the guilty pleas for discount purposes' 'Whether an error was made in aggravating sentence on the basis that offence was committed on bail' 'Whether s 44(2) of the Crimes (Sentencing Procedure) Act 1999 was correctly applied in determining the non-parole periods and balance of term without a finding of special circumstances']

Ratio Decidendi

Despite errors in calculation of discounts and wrongful aggravation regarding bail status, the effective sentences imposed were within the available range considering the seriousness, aggregate nature, and sentencing discretion. No lesser sentence was warranted at law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']