Dawson v R [2015] NSWCCA 236

Dawson v R [2015] NSWCCA 236

It was appropriate for the sentencing judge to order partial accumulation rather than more concurrency. Each offence constituted a distinct criminal act with a fresh determination to commit an unlawful act. The degree of partial accumulation was not disproportionate to the total criminal conduct and no error was shown in the application of the totality principle.

Jurisdiction
Australia
Judgment Date
02 September 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['totality Principle' 'sentencing' 'concurrency and Accumulation' 'manifest Excess']
['criminal Law'] ['totality Principle' 'sentencing' 'concurrency and Accumulation' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in applying principle of totality' 'Whether sentences should have been more concurrent' 'Whether overall sentence imposed was manifestly excessive']

Ratio Decidendi

It was appropriate for the sentencing judge to order partial accumulation rather than more concurrency. Each offence constituted a distinct criminal act with a fresh determination to commit an unlawful act. The degree of partial accumulation was not disproportionate to the total criminal conduct and no error was shown in the application of the totality principle.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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