Ewan v R [2019] NSWCCA 17

Ewan v R [2019] NSWCCA 17

The sentence imposed was not manifestly excessive or plainly unjust in all the circumstances; the sentencing judge's starting point and findings were open on the material and reflected both the objective and subjective factors.

Parties
Applicant: Jorde Ewan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Criminal Appeal / Sentence Appeal Leave to Appeal Granted, Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Appeals, Manifest Excess, Grievous Bodily Harm, Objective Seriousness, Subjective Circumstances
Criminal Law Sentencing Appeals Manifest Excess Grievous Bodily Harm Objective Seriousness Subjective Circumstances

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Parties

Jorde Ewan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal Leave to Appeal Granted, Appeal Dismissed

Legal Issues

  1. 1 Whether the sentence imposed was unreasonable or plainly unjust
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentence imposed was not manifestly excessive or plainly unjust in all the circumstances; the sentencing judge's starting point and findings were open on the material and reflected both the objective and subjective factors.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant the applicant leave to appeal
  • Dismiss the appeal