Regina v Guivarra [2002] NSWCCA 69

Regina v Guivarra [2002] NSWCCA 69

The sentencing judge's discretion to suspend the sentence of imprisonment was properly exercised, having regard to the objective and subjective circumstances, and the sentence was not manifestly inadequate.

Parties
Crown/applicant: Regina; Respondent: Kyle Raymond Guivarra
Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal dismissed
Legal Topics
Malicious Wounding, Sentencing, Suspended Imprisonment, Discretion of Judge, Manifest Inadequacy of Sentence
Criminal Law Malicious Wounding Sentencing Suspended Imprisonment Discretion of Judge Manifest Inadequacy of Sentence

Case Brief

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Parties

Regina

Crown/applicant

Kyle Raymond Guivarra

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed for malicious wounding was manifestly inadequate
  2. 2 Whether the sentencing judge erred in suspending the sentence of imprisonment

Ratio Decidendi

The sentencing judge's discretion to suspend the sentence of imprisonment was properly exercised, having regard to the objective and subjective circumstances, and the sentence was not manifestly inadequate.

Court Disposition

Crown appeal dismissed

Orders

  • Appeal dismissed.