Sims v R [2019] NSWCCA 232
None of the grounds of appeal were made out: the sentencing judge's findings on rehabilitation, mental illness, and objective seriousness were open on the evidence and consistent with legal principle; while leave to appeal was granted, the appeal was dismissed as no error or manifest excess was established.
- Jurisdiction
- Australia
- Judgment Date
- 27 September 2019
- Procedural Posture
- Criminal Appeal / Leave to Appeal Sentence – Appeal of Sentence in Court of Criminal Appeal
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['sentence Appeal' 'maliciously Inflict Grievous Bodily Harm' 'attempted Sexual Intercourse Without Consent' 'aggravation' 'rehabilitation' 'mental Illness' 'manifest Excess']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Sentence – Appeal of Sentence in Court of Criminal Appeal
Legal Issues
- 1 ['Whether the sentencing judge erred in finding no evidence of rehabilitation' 'Whether the sentencing judge failed to take into account evidence of mental illness' 'Whether the sentence was manifestly excessive']
Ratio Decidendi
None of the grounds of appeal were made out: the sentencing judge's findings on rehabilitation, mental illness, and objective seriousness were open on the evidence and consistent with legal principle; while leave to appeal was granted, the appeal was dismissed as no error or manifest excess was established.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Grant the applicant leave to appeal against the sentence imposed on him in the District Court on 21 February 2018.' 'Dismiss the appeal.']
Full Case Text
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