Jackson v R [2019] NSWCCA 101

Jackson v R [2019] NSWCCA 101

The sentencing judge did not conclude the offences were aggravated within s 21A(2)(m), (n), or (o); thus, the grounds of appeal were not made out and the appeal should be dismissed. Even if error occurred, no lesser sentence is warranted.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeal Against Sentence' 'aggravating Factors' 'procedural Fairness']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'aggravating Factors' 'procedural Fairness']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether offences were aggravated within the meaning of s 21A(2)(m), (n) or (o) of the Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Whether procedural fairness was denied in concluding that offences were aggravated' 'Whether error in the exercise of sentencing discretion occurred' 'Whether a lesser sentence is warranted']

Ratio Decidendi

The sentencing judge did not conclude the offences were aggravated within s 21A(2)(m), (n), or (o); thus, the grounds of appeal were not made out and the appeal should be dismissed. Even if error occurred, no lesser sentence is warranted.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['The applicant is granted leave to appeal.' 'The appeal is dismissed.']