Goodbun v R [2020] NSWCCA 77

Goodbun v R [2020] NSWCCA 77

On the facts and unchallenged findings, the offending was in the extreme category of seriousness, with substantial planning, breaches of trust, repeated violence, and aggravating circumstances, placing it towards the top of the sentencing range; the sentencing judge was entitled to determine no special circumstances...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'murder' 'manifest Excess' 'aggregate Sentencing' 'domestic Violence' 'special Circumstances in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'murder' 'manifest Excess' 'aggregate Sentencing' 'domestic Violence' 'special Circumstances in Sentencing']

Source-derived case record

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in law by determining it was unnecessary to make a finding of special circumstances due to the length of the sentence and ordinary statutory ratio' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

On the facts and unchallenged findings, the offending was in the extreme category of seriousness, with substantial planning, breaches of trust, repeated violence, and aggravating circumstances, placing it towards the top of the sentencing range; the sentencing judge was entitled to determine no special circumstances as the parole period was sufficient, and the aggregate sentence (head sentence and non-parole period) was not unreasonable or plainly unjust, nor manifestly excessive given the unique gravity of the offending and absence of substantial mitigating factors.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']