Regina v Glynn [2000] NSWCCA 291

Regina v Glynn [2000] NSWCCA 291

A custodial sentence is justified for serious home invasion assaults, but a manifestly excessive sentence may be reduced based on the circumstances and subjective factors relevant to the offender.

Parties
Crown: Regina; Applicant: John Peter Glynn
Jurisdiction
Australia
Judgment Date
02 August 2000
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; applicant resentenced to fixed terms already served.
Legal Topics
Appeal Against Sentence, Malicious Wounding, Malicious Damage to Property
Criminal Law Appeal Against Sentence Malicious Wounding Malicious Damage to Property

Case Brief

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Parties

Regina

Crown

John Peter Glynn

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence was manifestly excessive given the circumstances.
  2. 2 Whether a custodial sentence was warranted for the offences committed.

Ratio Decidendi

A custodial sentence is justified for serious home invasion assaults, but a manifestly excessive sentence may be reduced based on the circumstances and subjective factors relevant to the offender.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced to fixed terms already served.

Orders

  • Grant leave to appeal.
  • Appeal allowed.