Fuller v R [2023] NSWCCA 282

Fuller v R [2023] NSWCCA 282

Read fairly and as a whole, the sentencing judge's statement that it was an aggravating factor that the offence was committed in custody while the applicant was serving a sentence for an extremely violent crime referred to circumstances that made the threats more terrifying and the offence more objectively serious; it was not an impermissible use of the applicant's record of previous convictions or double counting. The sentence of 4 years and 6 months, with a non-parole period of 2 years and 10 months and partial accumulation on the manslaughter sentence, was open having regard to the seriousness of the threats, the domestic relationship, the applicant's custody for manslaughter, the...

Jurisdiction
Australia
Judgment Date
13 November 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'objective Seriousness' 'criminal History as Aggravating Factor' 'manifest Excess' 'non Parole Period' 'domestic Violence Offending' 'threatening to Kill' 'sentencing for Offences Committed in Custody']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal Against Sentence' 'objective Seriousness' 'criminal History as Aggravating Factor' 'manifest Excess' 'non Parole Period' 'domestic Violence Offending' 'threatening to Kill' 'sentencing for Offences Committed in Custody']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ["Whether the sentencing judge erred by finding the applicant's criminal history presented as an aggravating factor." 'Whether the sentence imposed was manifestly excessive in all the circumstances, including because the effective non-parole period exceeded the statutory ratio.']

Ratio Decidendi

Read fairly and as a whole, the sentencing judge's statement that it was an aggravating factor that the offence was committed in custody while the applicant was serving a sentence for an extremely violent crime referred to circumstances that made the threats more terrifying and the offence more objectively serious; it was not an impermissible use of the applicant's record of previous convictions or double counting. The sentence of 4 years and 6 months, with a non-parole period of 2 years and 10 months and partial accumulation on the manslaughter sentence, was open having regard to the seriousness of the threats, the domestic relationship, the applicant's custody for manslaughter, the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']