Kochai v R [2023] NSWCCA 116

Kochai v R [2023] NSWCCA 116

The sentencing judge identified and considered all relevant factors bearing upon the objective seriousness of the offending and was not required to assign a descriptor or point on a scale; no error is shown in the assessment of seriousness. The aggregate sentence imposed does not exceed the unifying principles or available range having regard to the facts, degree of involvement, and significance of the criminality. No manifest excess is established.

Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal, Hearing of Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'objective Seriousness' 'manifest Excess' 'aggregate Sentencing' 'totality Principle']
['criminal Law'] ['sentence Appeal' 'objective Seriousness' 'manifest Excess' 'aggregate Sentencing' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal, Hearing of Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to assess the objective seriousness of the offending conduct.' 'Whether the aggregate sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing judge identified and considered all relevant factors bearing upon the objective seriousness of the offending and was not required to assign a descriptor or point on a scale; no error is shown in the assessment of seriousness. The aggregate sentence imposed does not exceed the unifying principles or available range having regard to the facts, degree of involvement, and significance of the criminality. No manifest excess is established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']