R v White [2001] NSWCCA 108

R v White [2001] NSWCCA 108

The applicant did not demonstrate error in the sentencing judge's factual findings or reasoning, and the sentences imposed were well within the appropriate range of the sentencing discretion. The application for leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
21 February 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence From the District Court
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['robbery in Company' 'stealing From the Person in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'severity Appeal' 'intoxication' 'aboriginality in Sentencing' 'appellate Review of Sentence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['robbery in Company' 'stealing From the Person in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'severity Appeal' 'intoxication' 'aboriginality in Sentencing' 'appellate Review of Sentence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence From the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge made an error in imposing sentence.' 'Whether the sentences imposed were outside the range of a sound exercise of sentencing discretion.' 'Whether factual findings challenged by the applicant were open to the sentencing judge.']

Ratio Decidendi

The applicant did not demonstrate error in the sentencing judge's factual findings or reasoning, and the sentences imposed were well within the appropriate range of the sentencing discretion. The application for leave to appeal was granted but the appeal was dismissed.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'Appeal is dismissed.']