LS v R [2020] NSWCCA 27

LS v R [2020] NSWCCA 27

Although there was error in the way the Form 1 offences were taken into account at sentencing, having regard to the objective seriousness and aggravating factors of the offences, no lesser aggregate sentence is warranted in law.

Parties
Applicant: LS; Respondent: Crown
Jurisdiction
Australia
Judgment Date
25 March 2020
Procedural Posture
Sentence Appeal / Re Sentencing After Leave to Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Form 1 Offences, Objective Seriousness, Remorse, Rehabilitation, Discount for Plea, Sentencing Procedure
Criminal Law Sentence Appeal Form 1 Offences Objective Seriousness Remorse Rehabilitation Discount for Plea Sentencing Procedure

Case Brief

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Parties

LS

Applicant

Crown

Respondent

Procedural Posture

Sentence Appeal / Re Sentencing After Leave to Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in taking Form 1 offences into account contrary to legislative requirements
  2. 2 Whether a lesser aggregate sentence is warranted in law

Ratio Decidendi

Although there was error in the way the Form 1 offences were taken into account at sentencing, having regard to the objective seriousness and aggravating factors of the offences, no lesser aggregate sentence is warranted in law.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal