Wanat v R [2018] NSWCCA 219

Wanat v R [2018] NSWCCA 219

No error in the sentencing judge’s exercise of discretion has been established. The length of the overall sentence and its components was within the proper exercise of discretion, and the sentence is not excessive in the circumstances, including the applicant’s history and mitigating factors.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Sentence Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentence Appeal' 'aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'excessiveness of Sentence']
['criminal Law'] ['sentence Appeal' 'aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'excessiveness of Sentence']

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Procedural Posture

Sentence Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the commencement date of sentence (back-dating)' 'Whether the sentencing judge failed to take into account time already served and previous rehabilitation orders' 'Whether the sentence imposed was excessive']

Ratio Decidendi

No error in the sentencing judge’s exercise of discretion has been established. The length of the overall sentence and its components was within the proper exercise of discretion, and the sentence is not excessive in the circumstances, including the applicant’s history and mitigating factors.

Court Disposition

Leave to appeal refused

Orders

  • []