King v R [2010] NSWCCA 202

King v R [2010] NSWCCA 202

The sentencing judge was mindful of the hardship arising from the applicant's mother's illness and the position of the children and was entitled to decline to find special circumstances, particularly in light of the applicant's history and guarded prospects of rehabilitation. The first-count sentence was within the legitimately available range given the seriousness of the offence, the Form 1 offences, offending while on bail, significant criminal antecedents, and the need for specific and general deterrence.

Jurisdiction
Australia
Judgment Date
10 September 2010
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['hardship to Family' 'special Circumstances' 'manifest Excess' 'form 1 Offences' 'non Parole Period']
['criminal Law' 'sentencing'] ['hardship to Family' 'special Circumstances' 'manifest Excess' 'form 1 Offences' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether hardship to the applicant's mother and children amounted to special circumstances justifying variation of the statutory ratio between the non-parole period and the total term of sentence." 'Whether the sentence imposed for the first count was manifestly excessive.']

Ratio Decidendi

The sentencing judge was mindful of the hardship arising from the applicant's mother's illness and the position of the children and was entitled to decline to find special circumstances, particularly in light of the applicant's history and guarded prospects of rehabilitation. The first-count sentence was within the legitimately available range given the seriousness of the offence, the Form 1 offences, offending while on bail, significant criminal antecedents, and the need for specific and general deterrence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']