Regina v McDermott @ Maxwell [1999] NSWCCA 379

A lesser sentence is not warranted; the court is bound to dismiss the appeal irrespective of whether there was error in the sentencing judge's reasons.

Jurisdiction: Australia
Judgment Date: 24 November 1999
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: Appeal dismissed; leave granted
Legal Topics: ['sentencing' 'appeal' 'principle of Totality' 'special Circumstances' 'receiving Stolen Goods']

['criminal Law'] ['sentencing' 'appeal' 'principle of Totality' 'special Circumstances' 'receiving Stolen Goods']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 ['Whether the sentencing judge failed to consider the principle of totality' 'Whether special circumstances warranted departure from the statutory relationship between minimum and additional terms' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

A lesser sentence is not warranted; the court is bound to dismiss the appeal irrespective of whether there was error in the sentencing judge's reasons.

Court Disposition

Appeal dismissed; leave granted

Orders

['Grant leave to appeal against sentence.' 'Appeal against sentence dismissed.']