Dennis v R [2015] NSWCCA 61

Dennis v R [2015] NSWCCA 61

When the sentencing remarks are read as a whole, the sentencing judge did not adopt a two-stage process or give determinative significance to the prescribed standard non-parole period; all relevant objective and subjective factors were considered; no Muldrock error was made out, and the application for extension of time must be refused as there were no prospects of success.

Parties
Applicant: Matthew Allen James Dennis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 April 2015
Procedural Posture
Criminal Appeal / Application for Extension of Time to Seek Leave to Appeal Against Sentence
Outcome
Application for extension of time refused
Legal Topics
Murder, Application for Extension of Time, Appeal Against Sentence, Muldrock Error, Standard Non Parole Period
Criminal Law Murder Application for Extension of Time Appeal Against Sentence Muldrock Error Standard Non Parole Period

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Parties

Matthew Allen James Dennis

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Seek Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge gave primary or determinative significance to the prescribed standard non-parole period
  2. 2 Whether the sentencing judge engaged in a two stage process of sentencing
  3. 3 Whether the sentencing judge failed to have regard to the applicant's subjective considerations

Ratio Decidendi

When the sentencing remarks are read as a whole, the sentencing judge did not adopt a two-stage process or give determinative significance to the prescribed standard non-parole period; all relevant objective and subjective factors were considered; no Muldrock error was made out, and the application for extension of time must be refused as there were no prospects of success.

Court Disposition

Application for extension of time refused

Orders

  • The application for an extension time is refused.