D'Ambrosio v R [2010] NSWCCA 120

D'Ambrosio v R [2010] NSWCCA 120

The sentencing judge correctly assessed the objective seriousness, role, and personal circumstances of the applicant, applied the correct legal principles for discounting the sentence for assistance and plea, and gave proper consideration to duress, protective custody, and rehabilitation; no error warranting intervention was established.

Jurisdiction
Australia
Judgment Date
08 June 2010
Procedural Posture
Sentence Appeal / Court of Criminal Appeal Leave to Appeal and Appeal Hearing
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'drug Offences' 'discount for Assistance']
['criminal Law'] ['sentence Appeal' 'drug Offences' 'discount for Assistance']

Case Brief

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Procedural Posture

Sentence Appeal / Court of Criminal Appeal Leave to Appeal and Appeal Hearing

Legal Issues

  1. 1 ['discount for assistance' 'assessment of objective criminality' 'duress' 'mental illness and its relevance to sentencing' 'discount for protective custody' 'manifestly excessive sentences']

Ratio Decidendi

The sentencing judge correctly assessed the objective seriousness, role, and personal circumstances of the applicant, applied the correct legal principles for discounting the sentence for assistance and plea, and gave proper consideration to duress, protective custody, and rehabilitation; no error warranting intervention was established.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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