Frahm v Regina [2014] NSWCCA 10

Frahm v Regina [2014] NSWCCA 10

The sentence was not manifestly excessive as no error of principle, patent or latent, was established. The sentencing discretion was properly exercised given the seriousness of the offence and the applicant's extensive criminal history. A comparison with a small selection of other cases does not demonstrate a sentencing trend or error.

Parties
Applicant: Mark Robert Frahm; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Sentence Appeal / Leave to Appeal Against Sentence Granted; Appeal Dismissed
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
Sentence Appeal, Knowingly Deal With Proceeds of Crime, Larceny, Manifestly Excessive Sentence, Sentencing Trends
Criminal Law Sentence Appeal Knowingly Deal With Proceeds of Crime Larceny Manifestly Excessive Sentence Sentencing Trends

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Parties

Mark Robert Frahm

Applicant

Regina

Respondent Crown

Procedural Posture

Sentence Appeal / Leave to Appeal Against Sentence Granted; Appeal Dismissed

Legal Issues

  1. 1 Whether the sentence for knowingly dealing with the proceeds of crime was manifestly excessive

Ratio Decidendi

The sentence was not manifestly excessive as no error of principle, patent or latent, was established. The sentencing discretion was properly exercised given the seriousness of the offence and the applicant's extensive criminal history. A comparison with a small selection of other cases does not demonstrate a sentencing trend or error.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed