Jason RUTKOWSKYJ v R [2008] NSWCCA 10

Jason RUTKOWSKYJ v R [2008] NSWCCA 10

The sentence imposed was not manifestly excessive; although a lower sentence might have been within the sentencing judge's discretion, the one imposed did not exceed that discretion. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave granted to appeal; appeal dismissed
Legal Topics
['appeal Against Sentence' 'discount for Guilty Plea' 'manifestly Excessive Sentence' 'remorse' 'assistance to Authorities']
['criminal Law'] ['appeal Against Sentence' 'discount for Guilty Plea' 'manifestly Excessive Sentence' 'remorse' 'assistance to Authorities']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the discount given for plea of guilty and remorse was excessive' 'Whether any discount should have been given for assistance to authorities']

Ratio Decidendi

The sentence imposed was not manifestly excessive; although a lower sentence might have been within the sentencing judge's discretion, the one imposed did not exceed that discretion. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

leave granted to appeal; appeal dismissed

Orders

  • ['leave to appeal granted' 'appeal dismissed']