Osborne v R [2007] NSWCCA 91

Osborne v R [2007] NSWCCA 91

No grounds of appeal were established; none of the asserted errors in the sentencing or conduct of prior proceedings amounted to a miscarriage of justice; the sentences were within the range available for very serious offences; leave to appeal granted but appeal dismissed.

Parties
Applicant: Leonard Osborne; Respondent: Crown
Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Use of Offensive Weapon, Appeals Against Sentence, Form 1 Offences, Professional Discretion of Counsel, Rehabilitation, Pre Sentence Reports, Mental Illness and Sentencing
Criminal Law Sentencing Use of Offensive Weapon Appeals Against Sentence Form 1 Offences Professional Discretion of Counsel Rehabilitation Pre Sentence Reports +1 more

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Parties

Leonard Osborne

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence Determination of Appeal

Legal Issues

  1. 1 Whether failure to call the applicant as a witness amounted to miscarriage of justice
  2. 2 Whether sentencing judge failed to consider rehabilitation
  3. 3 Whether absence of pre-sentence report was a miscarriage of justice

Ratio Decidendi

No grounds of appeal were established; none of the asserted errors in the sentencing or conduct of prior proceedings amounted to a miscarriage of justice; the sentences were within the range available for very serious offences; leave to appeal granted but appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed