Melbom v Regina [2011] NSWCCA 22

Melbom v Regina [2011] NSWCCA 22

There was no error in the sentencing judge's application of the totality principle, and the sentences imposed, both individually and in aggregate, were within the sound exercise of the sentencing discretion, given the seriousness, multiplicity, and distinctness of the offences. The appeal does not establish manifest excess or legal error.

Parties
Applicant: Jason Neil Melbom; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 February 2011
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Substantive Appeal
Outcome
Appeal dismissed after granting extension and leave.
Legal Topics
Totality Principle, Proportionality, Manifest Excess, Concurrency and Accumulation of Sentences, Aggravating and Mitigating Factors
Criminal Law Sentencing Totality Principle Proportionality Manifest Excess Concurrency and Accumulation of Sentences Aggravating and Mitigating Factors

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Parties

Jason Neil Melbom

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in the application of the totality principle
  2. 2 Whether the sentence imposed for the s.33A(1)(a) offence was manifestly excessive
  3. 3 Whether the total sentence imposed was manifestly excessive

Ratio Decidendi

There was no error in the sentencing judge's application of the totality principle, and the sentences imposed, both individually and in aggregate, were within the sound exercise of the sentencing discretion, given the seriousness, multiplicity, and distinctness of the offences. The appeal does not establish manifest excess or legal error.

Court Disposition

Appeal dismissed after granting extension and leave.

Orders

  • An order for the extension of time in which to apply for leave to appeal against sentence be granted.
  • Leave to appeal in respect of the sentences imposed be granted.