JM v R [2008] NSWCCA 254

JM v R [2008] NSWCCA 254

Although the applicant’s offered future cooperation was not properly considered, any greater discount would have produced a sentence inconsistent with the seriousness of the offending and s 23(3) of the Sentencing Procedure Act. Leave to appeal granted but appeal dismissed.

Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Severity of Sentence' 'use False Instrument' 'disposal of Stolen Property' 'obtaining Benefits by Deception' 'stealing' 'pleas of Guilty' 'discount for Assistance' 'future Assistance' 'fresh Evidence']
['criminal Law'] ['appeal Against Severity of Sentence' 'use False Instrument' 'disposal of Stolen Property' 'obtaining Benefits by Deception' 'stealing' 'pleas of Guilty' 'discount for Assistance' 'future Assistance' 'fresh Evidence']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether fresh evidence of assistance to authorities warrants an increased discount on sentence' 'Whether the sentencing judge erred in not allowing a discount for offered future assistance']

Ratio Decidendi

Although the applicant’s offered future cooperation was not properly considered, any greater discount would have produced a sentence inconsistent with the seriousness of the offending and s 23(3) of the Sentencing Procedure Act. Leave to appeal granted but appeal dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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