R v MA [2001] NSWCCA 30

R v MA [2001] NSWCCA 30

The sentences imposed, though affected by inclusion of a problematic annexure to the victim impact statement, were not manifestly excessive and appropriately reflected the applicant's criminality. The grounds for appeal were not sustained, and no lesser sentence is warranted.

Jurisdiction
Australia
Judgment Date
21 February 2001
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Sentences
Outcome
appeal dismissed
Legal Topics
['sentencing' 'victim Impact Statements' 'special Circumstances' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'victim Impact Statements' 'special Circumstances' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Sentences

Legal Issues

  1. 1 ['Whether pre-sentence custody was properly taken into account' 'Whether special circumstances were properly found and reflected in sentencing' 'Whether victim impact statements led to consideration of inappropriate matters' 'Whether sentences imposed are manifestly excessive']

Ratio Decidendi

The sentences imposed, though affected by inclusion of a problematic annexure to the victim impact statement, were not manifestly excessive and appropriately reflected the applicant's criminality. The grounds for appeal were not sustained, and no lesser sentence is warranted.

Court Disposition

appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']