Crimmins v R [2019] NSWCCA 268

Crimmins v R [2019] NSWCCA 268

The Court held the sentencing judge did not err in his assessment of remorse and thus did not misapply s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The objective seriousness of the offence and lack of remorse justified the sentence imposed, which was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal Appeal / Court of Criminal Appeal (sentence Appeal), After Sentencing in District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'recklessly Causing Grievous Bodily Harm' 'remorse as Mitigating Factor' 'manifestly Excessive Sentence']
['criminal Law'] ['appeal Against Sentence' 'recklessly Causing Grievous Bodily Harm' 'remorse as Mitigating Factor' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal (sentence Appeal), After Sentencing in District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to find the applicant was remorseful so as to attract mitigation under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The Court held the sentencing judge did not err in his assessment of remorse and thus did not misapply s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The objective seriousness of the offence and lack of remorse justified the sentence imposed, which was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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