R v Child [1999] NSWCCA 407

R v Child [1999] NSWCCA 407

No error was demonstrated in Judge Job's sentencing decisions. The sentencing judge was conscious of and addressed the applicants' unusual medical conditions, and the applicants' later insight, contrition and courses in custody did not show error in the exercise of the sentencing discretion. The sentences could not be regarded as manifestly excessive.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Criminal Sentencing Appeal / Applications for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted to each applicant; appeals against sentence dismissed.
Legal Topics
['fraudulent Misappropriation' 'obtaining a Financial Advantage by Deception' 'aiding and Abetting Fraudulent Misappropriation' 'sentencing Discretion' 'manifest Excess' 'post Sentence Conduct']
['criminal Law and Procedure' 'sentencing'] ['fraudulent Misappropriation' 'obtaining a Financial Advantage by Deception' 'aiding and Abetting Fraudulent Misappropriation' 'sentencing Discretion' 'manifest Excess' 'post Sentence Conduct']

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Procedural Posture

Criminal Sentencing Appeal / Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether either applicant demonstrated error in the sentencing process engaged in by Judge Job.' 'Whether the sentences imposed on the applicants were manifestly excessive.' "Whether the applicants' medical conditions, post-sentence insight, contrition, family misfortunes and courses completed in custody showed sentencing error."]

Ratio Decidendi

No error was demonstrated in Judge Job's sentencing decisions. The sentencing judge was conscious of and addressed the applicants' unusual medical conditions, and the applicants' later insight, contrition and courses in custody did not show error in the exercise of the sentencing discretion. The sentences could not be regarded as manifestly excessive.

Court Disposition

Leave to appeal against sentence granted to each applicant; appeals against sentence dismissed.

Orders

  • ['Leave to appeal against sentence granted to each applicant.' 'Appeals against sentence dismissed.']