Ryan v R [2009] NSWCCA 183

Ryan v R [2009] NSWCCA 183

The sentencing judge did not err in assessing rehabilitation, remorse, or applying the crossroads principle; findings regarding the applicant’s resolve to deal with drug addiction and remorse were open and appropriate given criminal history and evidence. No error demonstrated, leave to appeal granted but appeal dismissed.

Jurisdiction
Australia
Judgment Date
23 June 2009
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Offences' 'firearm Offences' 'rehabilitation' 'remorse' 'contrition' 'principle of Mercy' 'crossroads Principle']
['criminal Law'] ['sentencing' 'drug Offences' 'firearm Offences' 'rehabilitation' 'remorse' 'contrition' 'principle of Mercy' 'crossroads Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in not applying principle of mercy/crossroads principle' 'Whether sentencing judge took into account matters not in evidence regarding rehabilitation' 'Whether sentencing judge failed to give proper weight to remorse and contrition']

Ratio Decidendi

The sentencing judge did not err in assessing rehabilitation, remorse, or applying the crossroads principle; findings regarding the applicant’s resolve to deal with drug addiction and remorse were open and appropriate given criminal history and evidence. No error demonstrated, leave to appeal granted but appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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