Regina v Olive [2006] NSWCCA 329

Regina v Olive [2006] NSWCCA 329

The sentence imposed fell within the proper range for the offence under section 97(1) Crimes Act 1900, having regard to both the objective seriousness and the subjective circumstances, including the applicant's drug addiction and rehabilitation prospects. No error or miscarriage of sentencing discretion was identified.

Parties
Applicant: Jarrod Michael Olive; Respondent: Regina
Jurisdiction
Australia
Judgment Date
12 October 2006
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Appeals Against Sentence, Drug Addiction and Rehabilitation, Pre Sentence Reports, Manifestly Excessive Sentence
Criminal Law Sentencing Appeals Against Sentence Drug Addiction and Rehabilitation Pre Sentence Reports Manifestly Excessive Sentence

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jarrod Michael Olive

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the trial judge erred by not considering or ordering a fresh pre-sentence report
  3. 3 Whether adequate weight was given to subjective circumstances

Ratio Decidendi

The sentence imposed fell within the proper range for the offence under section 97(1) Crimes Act 1900, having regard to both the objective seriousness and the subjective circumstances, including the applicant's drug addiction and rehabilitation prospects. No error or miscarriage of sentencing discretion was identified.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal