Gal v R [2015] NSWCCA 242

Gal v R [2015] NSWCCA 242

The sentencing judge failed to address and explain the objective seriousness of the offences and this constitutes error. However, upon an independent exercise of discretion, the same sentence or a greater sentence is appropriate, and the application for leave to appeal is granted but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Sentence Appeal / Application for Leave and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'break and Enter' 'objective Seriousness' 'aggravated Offences']
['criminal Law'] ['sentencing' 'break and Enter' 'objective Seriousness' 'aggravated Offences']

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Procedural Posture

Sentence Appeal / Application for Leave and Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing judge failed to assess objective seriousness of the offences' 'Whether the sentencing judge failed to give reasons for the assessment of objective seriousness']

Ratio Decidendi

The sentencing judge failed to address and explain the objective seriousness of the offences and this constitutes error. However, upon an independent exercise of discretion, the same sentence or a greater sentence is appropriate, and the application for leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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