Regina v Bojan [2003] NSWCCA 45

Regina v Bojan [2003] NSWCCA 45

The sentencing judge did not err in the assessment of the objective seriousness of the offences, nor in the decision not to further backdate the sentences or in the application of the principle of totality—given the applicant was in custody for reasons unrelated to the present offences, and all relevant factors including antecedents, breach of parole, and the need for deterrence were appropriately weighed. Thus, the sentences were not manifestly excessive and leave to appeal should be refused.

Jurisdiction
Australia
Judgment Date
28 February 2003
Procedural Posture
Criminal Law Appeal / Application for Leave to Appeal Against Sentence Severity Appeal
Outcome
Leave to appeal refused.
Legal Topics
['appeal Against Sentence' 'breach of Parole' 'backdating of Sentence' 'deception Offences' 'principle of Totality']
['criminal Law'] ['appeal Against Sentence' 'breach of Parole' 'backdating of Sentence' 'deception Offences' 'principle of Totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Appeal / Application for Leave to Appeal Against Sentence Severity Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether the judge erred in failing to backdate the sentence resulting in double punishment' 'Whether due consideration was given to the principle of totality' 'Whether the amount involved was given undue weight compared to other factors determining seriousness']

Ratio Decidendi

The sentencing judge did not err in the assessment of the objective seriousness of the offences, nor in the decision not to further backdate the sentences or in the application of the principle of totality—given the applicant was in custody for reasons unrelated to the present offences, and all relevant factors including antecedents, breach of parole, and the need for deterrence were appropriately weighed. Thus, the sentences were not manifestly excessive and leave to appeal should be refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']