Leonard v R [2019] NSWCCA 300

Leonard v R [2019] NSWCCA 300

The sentencing judge was correct in cumulating the sentences for the two serious and objectively distinct offences; the grounds of appeal were without merit, and no error was demonstrated warranting appellate intervention.

Parties
Applicant: Matthew Johnathon James Leonard; Crown: Regina
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Application for Leave to Appeal Against Sentence / Appellate (court of Criminal Appeal, Supreme Court of Nsw)
Outcome
Leave to appeal refused
Legal Topics
Appeal Against Sentence, Assault Occasioning Actual Bodily Harm, Intentional Choking, Sentence Concurrency, Mitigating and Aggravating Factors
Criminal Law Appeal Against Sentence Assault Occasioning Actual Bodily Harm Intentional Choking Sentence Concurrency Mitigating and Aggravating Factors

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Parties

Matthew Johnathon James Leonard

Applicant

Regina

Crown

Procedural Posture

Application for Leave to Appeal Against Sentence / Appellate (court of Criminal Appeal, Supreme Court of Nsw)

Legal Issues

  1. 1 Whether sentences for two offences of violence should have been wholly concurrent
  2. 2 Whether the sentence for assault occasioning actual bodily harm was excessive
  3. 3 Whether there was any error warranting appellate intervention

Ratio Decidendi

The sentencing judge was correct in cumulating the sentences for the two serious and objectively distinct offences; the grounds of appeal were without merit, and no error was demonstrated warranting appellate intervention.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused