Matthew CLINTON v R [2009] NSWCCA 276
The judge's treatment of protective custody and extra-curial punishment was not erroneous such as to warrant appellate intervention. However, the judge erred by imposing concurrent sentences for distinct offences where cumulative sentences were warranted, but overall the sentence was not manifestly excessive, and the appeal was dismissed.
- Parties
- Applicant: Matthew Clinton; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 19 November 2009
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Application for leave granted; appeal dismissed
- Legal Topics
- Appeal Against Sentence, Protective Custody, Extra Curial Punishment, Concurrent Sentences, Cumulative Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
Matthew Clinton
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether trial judge erred by giving insufficient weight to time served in protective custody
- 2 Whether trial judge failed to consider extra-curial punishment
- 3 Whether cumulative or concurrent sentences were warranted
Ratio Decidendi
The judge's treatment of protective custody and extra-curial punishment was not erroneous such as to warrant appellate intervention. However, the judge erred by imposing concurrent sentences for distinct offences where cumulative sentences were warranted, but overall the sentence was not manifestly excessive, and the appeal was dismissed.
Court Disposition
Application for leave granted; appeal dismissed
Orders
- Application for leave is granted but the appeal is dismissed.
Full Case Text
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