Regina v John Dechellis [2002] NSWCCA 88

Regina v John Dechellis [2002] NSWCCA 88

The sentence imposed was within the applicable range for the offence, appropriate mitigating and aggravating factors were considered, and 'special circumstances' under s 44(2) were identified; there was no error of fact or law and the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
19 March 2002
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Application for extension of time granted; leave to appeal granted; appeal dismissed.
Legal Topics
['break and Enter' 'aggravated Offence' 'plea of Guilty' 'special Circumstances' 'sentencing' 'manifest Excess']
['criminal Law'] ['break and Enter' 'aggravated Offence' 'plea of Guilty' 'special Circumstances' 'sentencing' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether special circumstances warranted reduction in sentence' 'Whether a Griffiths remand should be substituted']

Ratio Decidendi

The sentence imposed was within the applicable range for the offence, appropriate mitigating and aggravating factors were considered, and 'special circumstances' under s 44(2) were identified; there was no error of fact or law and the sentence was not manifestly excessive.

Court Disposition

Application for extension of time granted; leave to appeal granted; appeal dismissed.

Orders

  • ['Application for extension of time granted.' 'Leave to appeal granted.' 'Appeal dismissed.']