Matthew Soames v Regina [2014] NSWCCA 158

No error demonstrated in the sentencing judge's approach to special circumstances, totality, manifest excess, or parity; leave to appeal granted but appeal dismissed.

Jurisdiction: Australia
Judgment Date: 15 August 2014
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Judgment
Outcome: Leave to appeal granted; appeal dismissed
Legal Topics: ['sentence Appeal' 'special Circumstances' 'totality Principle' 'manifest Excess' 'parity']

['criminal Law'] ['sentence Appeal' 'special Circumstances' 'totality Principle' 'manifest Excess' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Judgment

Legal Issues

1 ['Whether the sentencing judge erred in not giving effect to findings of special circumstances' "Whether insufficient weight was given to the applicant's subjective circumstances" 'Whether the totality principle was properly applied' 'Whether the sentences were manifestly excessive' 'Whether there was unjustified disparity with sentences given to co-offenders']

Ratio Decidendi

No error demonstrated in the sentencing judge's approach to special circumstances, totality, manifest excess, or parity; leave to appeal granted but appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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