Leslie v Regina [2009] NSWCCA 203

Leslie v Regina [2009] NSWCCA 203

Except for statutory adjustment required for one count, the sentences imposed were not manifestly excessive, appropriately considered totality and parity principles, and complied with the relevant statutory and case law guides. Adjustment to comply with s 45 Crimes (Sentencing Procedure) Act 1999 for offence (1) was warranted; otherwise, appeal dismissed.

Jurisdiction
Australia
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Leave to Appeal and Re Sentencing
Outcome
Leave to appeal granted; sentence for offence (1) quashed and re-sentenced; other sentences confirmed; appeal otherwise dismissed.
Legal Topics
['sentencing' 'multiple Serious Offences' 'manifestly Excessive Sentences' 'parity Principle' 'totality Principle']
['criminal Law'] ['sentencing' 'multiple Serious Offences' 'manifestly Excessive Sentences' 'parity Principle' 'totality Principle']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether particular sentences imposed for multiple offences were manifestly excessive' 'Application of the parity principle between co-offenders' 'Principle of totality in sentencing' 'Appropriateness of the ratio between non-parole period and total sentence']

Ratio Decidendi

Except for statutory adjustment required for one count, the sentences imposed were not manifestly excessive, appropriately considered totality and parity principles, and complied with the relevant statutory and case law guides. Adjustment to comply with s 45 Crimes (Sentencing Procedure) Act 1999 for offence (1) was warranted; otherwise, appeal dismissed.

Court Disposition

Leave to appeal granted; sentence for offence (1) quashed and re-sentenced; other sentences confirmed; appeal otherwise dismissed.

Orders

  • ['Leave to appeal granted.' 'Sentence for offence (1) (aggravated break enter and steal at Meadowbank Convenience Store) quashed and replaced with a term of imprisonment with a non-parole period of 3 years commencing 27 December 2008 and expiring 26 December 2011, with a balance of term of 1 year expiring 26...