McNally v Regina [2006] NSWCCA 248

McNally v Regina [2006] NSWCCA 248

There was no error in the sentencing process and no other sentence was warranted in law, even after considering protective custody and delay in charging; leniency in the sentences was evident, and the orders should stand.

Parties
Appellant: Martin Joseph McNally; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 August 2006
Procedural Posture
Application for Leave to Appeal (criminal) / Leave to Appeal and Substantive Appeal in Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Break Enter and Steal, Commencement Date of Sentence, Protective Custody, Principle of Totality
Criminal Law Sentencing Break Enter and Steal Commencement Date of Sentence Protective Custody Principle of Totality

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Parties

Martin Joseph McNally

Appellant

Regina

Respondent

Procedural Posture

Application for Leave to Appeal (criminal) / Leave to Appeal and Substantive Appeal in Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentence should reflect the appellant's service in protective custody
  2. 2 Whether the commencement date for the sentence should coincide with the date of arrest or charge given delay in charging
  3. 3 Whether the totality of the sentence imposed was appropriate

Ratio Decidendi

There was no error in the sentencing process and no other sentence was warranted in law, even after considering protective custody and delay in charging; leniency in the sentences was evident, and the orders should stand.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.