Merkel v R [2019] NSWCCA 212

Merkel v R [2019] NSWCCA 212

The applicant’s intellectual disability was not shown to have a causal link to his offending and was properly considered in his subjective circumstances; the sentencing judge made no error in assessment of objective seriousness, in not finding special circumstances, or in the final sentence imposed, which was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Aggregate Sentence; Leave Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'intellectual Disability and Sentencing' 'moral Culpability' 'assessment of Special Circumstances' 'manifest Excess in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'intellectual Disability and Sentencing' 'moral Culpability' 'assessment of Special Circumstances' 'manifest Excess in Sentencing']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Aggregate Sentence; Leave Granted; Appeal Dismissed

Legal Issues

  1. 1 ["Whether the sentencing judge erred by not taking into account the applicant's intellectual disability in assessing moral culpability and objective seriousness" 'Whether there was an error in failing to find special circumstances to vary the statutory parole ratio' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The applicant’s intellectual disability was not shown to have a causal link to his offending and was properly considered in his subjective circumstances; the sentencing judge made no error in assessment of objective seriousness, in not finding special circumstances, or in the final sentence imposed, which was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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