JT v R [2011] NSWCCA 128

JT v R [2011] NSWCCA 128

Although the sentencing judge erred in saying totality could not be considered and erred in treating limited planning as an aggravating factor, those errors did not warrant intervention. The substantial accumulation on earlier control orders was proportionate and did not offend totality, the planning error had only minimal effect, and the sentence appropriately balanced the applicant's youth with the objective seriousness of a sustained violent robbery against a vulnerable 14 year old and the applicant's criminal history.

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['robbery With Infliction of Grievous Bodily Harm' 'juvenile Offender' 'time in Custody' 'totality' 'planning as an Aggravating Factor' 'manifest Excess' 'youth of Offender' 'general Deterrence and Rehabilitation']
['criminal Law' 'sentencing' 'criminal Appeals' 'juvenile Justice'] ['robbery With Infliction of Grievous Bodily Harm' 'juvenile Offender' 'time in Custody' 'totality' 'planning as an Aggravating Factor' 'manifest Excess' 'youth of Offender' 'general Deterrence and Rehabilitation']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the applicant's time in custody and properly consider totality." 'Whether the sentencing judge erred by taking into account planning as an aggravating factor.' "Whether the sentence was manifestly excessive, particularly having regard to the applicant's age."]

Ratio Decidendi

Although the sentencing judge erred in saying totality could not be considered and erred in treating limited planning as an aggravating factor, those errors did not warrant intervention. The substantial accumulation on earlier control orders was proportionate and did not offend totality, the planning error had only minimal effect, and the sentence appropriately balanced the applicant's youth with the objective seriousness of a sustained violent robbery against a vulnerable 14 year old and the applicant's criminal history.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']