Abbas v R [2014] NSWCCA 188
The sentencing judge did not err in assessing the objective seriousness of the manslaughter, the accumulation of sentences for distinct offences with different victims was appropriate, and the overall sentence was not manifestly excessive. Leave to appeal was granted but the appeal was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 25 September 2014
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence, Judgment on Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'manslaughter by Unlawful and Dangerous Act' 'assessment of Objective Seriousness' 'totality Principle' 'manifest Excess' 'accumulation of Sentences']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Judgment on Appeal
Legal Issues
- 1 ['Whether the sentencing judge erred in assessment of the objective seriousness of the offending conduct' 'Whether the sentencing judge failed to have proper regard to the totality principle in accumulation of sentences' 'Whether the overall sentence was manifestly excessive']
Ratio Decidendi
The sentencing judge did not err in assessing the objective seriousness of the manslaughter, the accumulation of sentences for distinct offences with different victims was appropriate, and the overall sentence was not manifestly excessive. Leave to appeal was granted but the appeal was dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment