Diamantis v R [2005] NSWCCA 433

Diamantis v R [2005] NSWCCA 433

Although the sentencing judge erred in applying the standard non parole period, the judge nevertheless exercised the discretion appropriately, considered all relevant materials and mitigating factors, and imposed a sentence within the permissible range; no further error or excess was shown; for the related offence of driving, disqualification was not manifestly excessive considering the dangerous conduct.

Parties
Applicant: Lucas Diamantis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal
Outcome
Appeal dismissed. Leave to appeal granted.
Legal Topics
Sentencing, Break and Enter, Non Parole Periods, Aggravated Offences, Driving Disqualification
Criminal Law Sentencing Break and Enter Non Parole Periods Aggravated Offences Driving Disqualification

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Parties

Lucas Diamantis

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the standard non parole period to a guilty plea
  2. 2 Whether sufficient regard was given to applicant’s subjective circumstances
  3. 3 Whether the finding of special circumstances was properly taken into account in determining the non parole period

Ratio Decidendi

Although the sentencing judge erred in applying the standard non parole period, the judge nevertheless exercised the discretion appropriately, considered all relevant materials and mitigating factors, and imposed a sentence within the permissible range; no further error or excess was shown; for the related offence of driving, disqualification was not manifestly excessive considering the dangerous conduct.

Court Disposition

Appeal dismissed. Leave to appeal granted.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.