R v Hampton [1999] NSWCCA 341

R v Hampton [1999] NSWCCA 341

The sentencing judge did not offend the De Simoni principle as there was no indication that factors constituting a more serious offence were taken into account in aggravating the sentence; the sentence, while severe, was within the permissible range and not manifestly excessive given the applicant’s criminal history and the seriousness of the offences.

Jurisdiction
Australia
Judgment Date
25 October 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused
Legal Topics
['sentencing' 'assault Occasioning Actual Bodily Harm' 'aggravating Factors' 'de Simoni Principle']
['criminal Law'] ['sentencing' 'assault Occasioning Actual Bodily Harm' 'aggravating Factors' 'de Simoni Principle']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in having regard to factors not constituting elements of the charged offence, contrary to the De Simoni principle' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not offend the De Simoni principle as there was no indication that factors constituting a more serious offence were taken into account in aggravating the sentence; the sentence, while severe, was within the permissible range and not manifestly excessive given the applicant’s criminal history and the seriousness of the offences.

Court Disposition

Application for leave to appeal refused

Orders

  • ['Leave to appeal refused']