Westaway v R [2016] NSWCCA 281
The aggregate sentence imposed was within the range of reasonable approaches open to the sentencing judge. The accumulation of sentences for distinct offences was justified, and the aggregate sentence was not manifestly excessive given the seriousness of the offences and the applicant's criminal history.
Source-derived case information.
- Parties
- Applicant: John Warren Westaway; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 09 December 2016
- Procedural Posture
- Criminal Appeal / Sentence Appeal Disposition
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Sentence Appeal, Aggregate Sentencing, Police Pursuit Offence, Drug Supply Offence, Damage Property Offence, Resist Police Offence, Manifestly Excessive Sentence
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Warren Westaway
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Sentence Appeal Disposition
Legal Issues
- 1 Whether the aggregate sentence imposed was manifestly excessive
- 2 Whether the sentencing judge had appropriate regard to questions of accumulation, concurrency and totality
Ratio Decidendi
The aggregate sentence imposed was within the range of reasonable approaches open to the sentencing judge. The accumulation of sentences for distinct offences was justified, and the aggregate sentence was not manifestly excessive given the seriousness of the offences and the applicant's criminal history.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Grant the applicant leave to appeal.
- Appeal dismissed.
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