Ridgeway v R [2024] NSWCCA 152

Ridgeway v R [2024] NSWCCA 152

The sentencing judge did not err in applying Bugmy. Read as a whole, the sentencing remarks did not treat the stabbing or robbery as planned; the reference to planned domestic violence offending concerned the applicant's deliberate use of a covert tracking device to stalk and confront Ms D, while the judge expressly recognised that the stabbing itself was spontaneous. The judge properly balanced the applicant's disadvantaged background and reduced moral culpability against the objective gravity of the serious domestic violence offending, the need for denunciation, deterrence and protection, and the principles in Munda. Although the delay in seeking leave was substantial and not...

Jurisdiction
Australia
Judgment Date
21 August 2024
Procedural Posture
Application for Extension of Time and Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW
Outcome
Time extended; leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'bugmy Principles' 'childhood Deprivation' 'objective Seriousness' 'general Deterrence' 'extension of Time' 'leave to Appeal']
['criminal Law' 'sentencing' 'domestic Violence'] ['appeal Against Sentence' 'bugmy Principles' 'childhood Deprivation' 'objective Seriousness' 'general Deterrence' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to bring an application for leave to appeal against sentence.' 'Whether the sentencing judge erred in applying the principles in Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37.' "Whether the sentencing judge wrongly treated the stabbing offence as planned and thereby reduced the mitigating weight of the applicant's disadvantaged background." 'Whether the sentencing judge wrongly limited the mitigating effect of childhood deprivation because of the seriousness of the domestic violence offending.']

Ratio Decidendi

The sentencing judge did not err in applying Bugmy. Read as a whole, the sentencing remarks did not treat the stabbing or robbery as planned; the reference to planned domestic violence offending concerned the applicant's deliberate use of a covert tracking device to stalk and confront Ms D, while the judge expressly recognised that the stabbing itself was spontaneous. The judge properly balanced the applicant's disadvantaged background and reduced moral culpability against the objective gravity of the serious domestic violence offending, the need for denunciation, deterrence and protection, and the principles in Munda. Although the delay in seeking leave was substantial and not...

Court Disposition

Time extended; leave to appeal granted; appeal dismissed.

Orders

  • ['Extend the time in which to bring an application for leave to appeal until 28 May 2024;' 'Grant leave to appeal;' 'Dismiss the appeal.']