Parker v R [2021] NSWCCA 102

Parker v R [2021] NSWCCA 102

Leave to appeal was refused because no error was identified in the sentencing judge's treatment of the applicant's father's health, and the aggregate sentence was not unreasonable or plainly unjust given the seriousness of the four offences, the domestic violence context, the applicant's criminal history and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal Against Sentence / Court of Criminal Appeal Application Following Sentence in the District Court
Outcome
Extension of time granted; leave to appeal refused.
Legal Topics
['appeal Against Sentence' 'manifest Excess' 'compassionate Grounds' 'perverting the Course of Justice' 'contravention of Apprehended Domestic Violence Order' 'general Deterrence' 'denunciation']
['criminal Law' 'sentencing' 'criminal Appeals' 'domestic Violence'] ['appeal Against Sentence' 'manifest Excess' 'compassionate Grounds' 'perverting the Course of Justice' 'contravention of Apprehended Domestic Violence Order' 'general Deterrence' 'denunciation']

Source-derived case record

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Procedural Posture

Application for Extension of Time and Leave to Appeal Against Sentence / Court of Criminal Appeal Application Following Sentence in the District Court

Legal Issues

  1. 1 ['Whether an extension of time should be granted to seek leave to appeal against sentence.' "Whether the applicant identified error in the sentencing judge's treatment of his father's health and asserted compassionate grounds." 'Whether the aggregate sentence was manifestly excessive, unreasonable or plainly unjust.']

Ratio Decidendi

Leave to appeal was refused because no error was identified in the sentencing judge's treatment of the applicant's father's health, and the aggregate sentence was not unreasonable or plainly unjust given the seriousness of the four offences, the domestic violence context, the applicant's criminal history and conditional liberty, his lack of responsibility or remorse, the seriousness of the public justice offence, and the need for denunciation and general deterrence.

Court Disposition

Extension of time granted; leave to appeal refused.

Orders

  • ['Extension of time is granted.' 'Leave to appeal is refused.']