Bustescu v R [2020] NSWCCA 113

Bustescu v R [2020] NSWCCA 113

No merit was found in the grounds of appeal as no legal error was demonstrated regarding the assessment of objective seriousness or treatment of mental illness in sentencing; leave to appeal refused.

Parties
Applicant: Marius Bustescu; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 June 2020
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused.
Legal Topics
Appeal Against Sentence, Sentencing Principles, Mental Health and Sentencing, Objective Seriousness
Criminal Law Appeal Against Sentence Sentencing Principles Mental Health and Sentencing Objective Seriousness

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Parties

Marius Bustescu

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing objective seriousness and applying the law regarding standard non-parole period
  2. 2 Whether the sentencing judge failed to properly consider the applicant's mental health or provide adequate reasons as to its impact on sentencing

Ratio Decidendi

No merit was found in the grounds of appeal as no legal error was demonstrated regarding the assessment of objective seriousness or treatment of mental illness in sentencing; leave to appeal refused.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • Leave to appeal against sentence refused.