HERNANDEZ, Marcelo v R [2013] NSWCCA 51

HERNANDEZ, Marcelo v R [2013] NSWCCA 51

The sentencing judge took account of the relevant circumstances including claimed duress but found that the applicant had alternative choices and that duress was of little consequence; the aggregation and accumulation of the sentences were not outside the discretion of the judge; no error or basis for intervention established.

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Criminal Sentence Appeal / Hearing and Determination of Leave and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'break and Enter' 'duress' 'totality' 'manifestly Excessive' 'exercise of Discretion']
['criminal Law'] ['sentence Appeal' 'break and Enter' 'duress' 'totality' 'manifestly Excessive' 'exercise of Discretion']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Hearing and Determination of Leave and Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed properly to take into account evidence of duress and whether mitigation of sentence was warranted' 'Whether the aggregate sentence was unreasonable or plainly unjust']

Ratio Decidendi

The sentencing judge took account of the relevant circumstances including claimed duress but found that the applicant had alternative choices and that duress was of little consequence; the aggregation and accumulation of the sentences were not outside the discretion of the judge; no error or basis for intervention established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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