Many v R [2021] NSWCCA 302

Many v R [2021] NSWCCA 302

Although the sentencing judge erred by failing to take into account a five-month period in interstate custody under the totality principle, no lesser sentence was warranted in light of the applicant's repeated domestic violence offending, poor prospects for rehabilitation, and the need to protect the community, so the appeal was dismissed.

Parties
Applicant: Matthew Mark Many; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence in the Court of Criminal Appeal From District Court
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Domestic Violence, Totality Principle, Aggravating and Mitigating Factors, Resentencing, Specific Deterrence, Protection of Society
Criminal Law Sentencing Domestic Violence Totality Principle Aggravating and Mitigating Factors Resentencing Specific Deterrence Protection of Society

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Parties

Matthew Mark Many

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence in the Court of Criminal Appeal From District Court

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to take into account a period served in interstate custody when considering the issue of totality
  2. 2 Whether the sentencing judge erred in taking into account the applicant's post-offence absconding and subsequent offending as a matter of aggravation

Ratio Decidendi

Although the sentencing judge erred by failing to take into account a five-month period in interstate custody under the totality principle, no lesser sentence was warranted in light of the applicant's repeated domestic violence offending, poor prospects for rehabilitation, and the need to protect the community, so the appeal was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.