Maximo Armando Pantoja v R [2025] NSWCCA 10

Maximo Armando Pantoja v R [2025] NSWCCA 10

The aggregate sentence, while severe and possibly higher than might be imposed by some other judges, fell within the discretionary range available in the circumstances. The objective and subjective circumstances, including the deliberate conduct, lack of consent, duration, domestic relationship context and the applicant's history of serious domestic violence, supported the sentence imposed and did not reveal error or manifest excess.

Parties
Applicant: Maximo Armando Pantoja; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Manifestly Excessive Sentence, Objective Seriousness, Comparable Cases, Aggregate Sentences, Aggravating Factors, Domestic Violence
Criminal Law Sentencing Manifestly Excessive Sentence Objective Seriousness Comparable Cases Aggregate Sentences Aggravating Factors Domestic Violence

Case Brief

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Parties

Maximo Armando Pantoja

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Determination of Appeal

Legal Issues

  1. 1 Whether the aggregate sentence was manifestly excessive
  2. 2 Whether the indicative sentence for Count 3 was manifestly excessive

Ratio Decidendi

The aggregate sentence, while severe and possibly higher than might be imposed by some other judges, fell within the discretionary range available in the circumstances. The objective and subjective circumstances, including the deliberate conduct, lack of consent, duration, domestic relationship context and the applicant's history of serious domestic violence, supported the sentence imposed and did not reveal error or manifest excess.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Dismiss the appeal