Jackson v R [2021] NSWCCA 15

Jackson v R [2021] NSWCCA 15

The sentencing judge took into account the applicant's mental condition, substance abuse, and background as mitigating factors but gave proper weight to deterrence and denunciation due to the seriousness and repetitive nature of the domestic violence offences; the aggregate sentence and non-parole period were not manifestly excessive or unreasonable given the totality of offences, prior history, and breach of an ADVO.

Parties
Applicant: Jackson; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Criminal Appeal / Sentence Appeal, Court of Criminal Appeal (from District Court)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Domestic Violence Offences, Sentencing Principles, Manifest Excess, Consideration of Mental Condition
Criminal Law Sentence Appeal Domestic Violence Offences Sentencing Principles Manifest Excess Consideration of Mental Condition

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Parties

Jackson

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal, Court of Criminal Appeal (from District Court)

Legal Issues

  1. 1 Whether the sentencing judge erred in her approach to the applicant's mental condition
  2. 2 Whether the aggregate sentence and non-parole period imposed were manifestly excessive

Ratio Decidendi

The sentencing judge took into account the applicant's mental condition, substance abuse, and background as mitigating factors but gave proper weight to deterrence and denunciation due to the seriousness and repetitive nature of the domestic violence offences; the aggregate sentence and non-parole period were not manifestly excessive or unreasonable given the totality of offences, prior history, and breach of an ADVO.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.