Cornish v R [2015] NSWCCA 256

Cornish v R [2015] NSWCCA 256

The sentencing judge expressly and adequately assessed the objective seriousness of the cultivation, supply and firearms offences, considered in substantial detail the evidence of the applicant's schizophrenia, and imposed an aggregate sentence that was within the sentencing discretion. The firearms offence was very serious, the applicant was engaged in organised drug supply notwithstanding his mental illness, and the indicative and aggregate sentences did not bespeak error by manifest excess.

Jurisdiction
Australia
Judgment Date
24 September 2015
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Offences' 'firearms Offences' 'aggregate Sentence' 'objective Seriousness' 'mental Illness in Sentencing' 'manifest Excess']
['criminal Law' 'sentencing'] ['drug Offences' 'firearms Offences' 'aggregate Sentence' 'objective Seriousness' 'mental Illness in Sentencing' 'manifest Excess']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge failed to assess adequately the objective seriousness of the separate offences inherent in the individual charges.' "Whether the sentencing judge erred in failing to give sufficient weight to the applicant's schizophrenia." 'Whether the aggregate sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge expressly and adequately assessed the objective seriousness of the cultivation, supply and firearms offences, considered in substantial detail the evidence of the applicant's schizophrenia, and imposed an aggregate sentence that was within the sentencing discretion. The firearms offence was very serious, the applicant was engaged in organised drug supply notwithstanding his mental illness, and the indicative and aggregate sentences did not bespeak error by manifest excess.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']