ST ALDER, Kevin Leslie v REGINA [2006] NSWCCA 287

ST ALDER, Kevin Leslie v REGINA [2006] NSWCCA 287

There was no error by the sentencing judge in the exercise of discretion; no material departure from prior indication as the sentence imposed corresponded to the period in custody as anticipated, and appropriate regard was given to all relevant mitigating factors.

Jurisdiction
Australia
Judgment Date
05 September 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence, Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'plea of Guilty' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'plea of Guilty' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence, Judgment

Legal Issues

  1. 1 ['Whether sentence was manifestly excessive' 'Whether sentence was contrary to indication given prior to plea']

Ratio Decidendi

There was no error by the sentencing judge in the exercise of discretion; no material departure from prior indication as the sentence imposed corresponded to the period in custody as anticipated, and appropriate regard was given to all relevant mitigating factors.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal in relation to sentence granted' 'Appeal dismissed']