Regina v Leonard Rappley OSBORNE [2000] NSWCCA 158

Regina v Leonard Rappley OSBORNE [2000] NSWCCA 158

Refusal to set aside the summary dismissal would not and could not lead to a miscarriage of justice because the sentencing judge's regime was within the available sentencing discretion and, given the applicant's prior criminal record and the objective seriousness of the offences, the sentences were towards the lower...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 May 2000
Procedural Posture
Criminal Law; Application to Set Aside Summary Dismissal of Application for Leave to Appeal / Court of Criminal Appeal Application After Summary Dismissal of Appeal on 8 March 1999
Outcome
Application refused.
Legal Topics
['application to Set Aside Summary Dismissal' 'leave to Appeal Against Sentence' 'miscarriage of Justice' 'break, Enter and Steal' 'malicious Damage by Fire or Explosives' 'steal Motor Vehicle' 'form 1 Offences']
['criminal Law' 'criminal Procedure' 'sentencing'] ['application to Set Aside Summary Dismissal' 'leave to Appeal Against Sentence' 'miscarriage of Justice' 'break, Enter and Steal' 'malicious Damage by Fire or Explosives' 'steal Motor Vehicle' 'form 1 Offences']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law; Application to Set Aside Summary Dismissal of Application for Leave to Appeal / Court of Criminal Appeal Application After Summary Dismissal of Appeal on 8 March 1999

Legal Issues

  1. 1 ["Whether the summary dismissal of the applicant's appeal should be set aside." 'Whether refusal to set aside the summary dismissal would or could lead to a miscarriage of justice.' "Whether the proposed sentence appeal had sufficient merit, including whether the sentencing judge failed to consider drug and alcohol counselling, grief arising from the applicant's mother's death, reports tendered on sentence, and home detention."]

Ratio Decidendi

Refusal to set aside the summary dismissal would not and could not lead to a miscarriage of justice because the sentencing judge's regime was within the available sentencing discretion and, given the applicant's prior criminal record and the objective seriousness of the offences, the sentences were towards the lower rather than higher end of the range.

Court Disposition

Application refused.

Orders

  • ["The application to set aside the previous orders of this Court summarily dismissing the applicant's appeal is refused."]