Walker v Regina [2006] NSWCCA 347

Walker v Regina [2006] NSWCCA 347

The objective criminality of the offence was very serious and the mitigating subjective factors did not warrant a sentence other than full time custody; the sentence was not manifestly excessive and in accordance with proper principles.

Jurisdiction
Australia
Judgment Date
01 November 2006
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['domestic Violence' 'sentencing' 'attempted Wounding' 'mitigating Circumstances']
['criminal Law'] ['domestic Violence' 'sentencing' 'attempted Wounding' 'mitigating Circumstances']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether mitigating circumstances justified a sentence other than full time custody']

Ratio Decidendi

The objective criminality of the offence was very serious and the mitigating subjective factors did not warrant a sentence other than full time custody; the sentence was not manifestly excessive and in accordance with proper principles.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

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