Hendra v R [2013] NSWCCA 151

Hendra v R [2013] NSWCCA 151

It was open to the sentencing judge to find the offence within the worst type of common assault and sentence the applicant to a term which was within the permissible range. The absence of explicit reference to summary disposal does not indicate error, nor does comparison with co-offenders establish manifest excess or legitimate grievance.

Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Criminal Sentence Appeal / Appeal From Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'summary Disposal' 'objective Seriousness' 'manifestly Excessive Sentence']
['criminal Law'] ['sentence Appeal' 'summary Disposal' 'objective Seriousness' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal From Sentence

Legal Issues

  1. 1 ['Whether trial judge failed to consider availability of summary disposal in the Local Court' 'Whether applicant should have a legitimate sense of grievance compared to co-offender sentences' 'Whether trial judge erred in characterisation of objective seriousness' 'Whether sentence was manifestly excessive']

Ratio Decidendi

It was open to the sentencing judge to find the offence within the worst type of common assault and sentence the applicant to a term which was within the permissible range. The absence of explicit reference to summary disposal does not indicate error, nor does comparison with co-offenders establish manifest excess or legitimate grievance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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