Abel v R [2020] NSWCCA 82

Abel v R [2020] NSWCCA 82

The grounds for leave to appeal against sentence had no merit; no error was demonstrated in objective gravity assessment, prospects of rehabilitation, or excessiveness of the aggregate sentence imposed; procedural history and anomalies did not constitute appealable error.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused
Legal Topics
['appeal Against Sentence' 'intensive Correction Order' 'sentencing Procedure' 'objective Gravity of Offences' 'prospects of Rehabilitation']
['criminal Law'] ['appeal Against Sentence' 'intensive Correction Order' 'sentencing Procedure' 'objective Gravity of Offences' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in failing to find good prospects of rehabilitation and unlikelihood of reoffending' 'Whether error made in assessment of objective gravity of offences' 'Whether the sentence imposed was manifestly excessive' 'Procedural anomalies regarding withdrawal of Form 1 offences and imposition of ICO']

Ratio Decidendi

The grounds for leave to appeal against sentence had no merit; no error was demonstrated in objective gravity assessment, prospects of rehabilitation, or excessiveness of the aggregate sentence imposed; procedural history and anomalies did not constitute appealable error.

Court Disposition

Leave to appeal against sentence refused

Orders

  • ['Leave to appeal against sentence refused']