Barber v R [2017] NSWCCA 111

Barber v R [2017] NSWCCA 111

No relevant connection was established between the applicant’s mental disorder and the commission of the offences sufficient to reduce moral culpability or warrant adjustment of the sentence; thus, leave to appeal the sentence is refused.

Parties
Applicant: John Barber; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal against sentence is refused.
Legal Topics
Sentence Appeal, Mental Health and Sentencing, General Deterrence, Moral Culpability
Criminal Law Sentence Appeal Mental Health and Sentencing General Deterrence Moral Culpability

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Parties

John Barber

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to take into account the applicant's mental condition in assessing moral culpability or in moderating the weight to be given to general deterrence

Ratio Decidendi

No relevant connection was established between the applicant’s mental disorder and the commission of the offences sufficient to reduce moral culpability or warrant adjustment of the sentence; thus, leave to appeal the sentence is refused.

Court Disposition

Leave to appeal against sentence is refused.

Orders

  • Leave to appeal against sentence is refused.