Regina v Timmis [2003] NSWCCA 158

Regina v Timmis [2003] NSWCCA 158

The sentencing judge applied the correct 'bottom up' approach to taking into account Form 1 offences consistent with the requirements of Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999 and relevant authoritative guidance. No error was established in the sentencing discretion, and the sentences were not manifestly excessive given the overall criminality and aggravating features. Leave to appeal was granted, but the appeal was dismissed.

Parties
Respondent: Crown; Applicant: Michael Anthony Timmis
Jurisdiction
Australia
Judgment Date
20 June 2003
Procedural Posture
Application for Leave to Appeal Against Sentence / Leave to Appeal Granted; Appeal Determined
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing Procedure, Form 1 Offences, Totality Principle, Sentencing Discretion, Manifest Excess of Sentence
Criminal Law Sentencing Sentencing Procedure Form 1 Offences Totality Principle Sentencing Discretion Manifest Excess of Sentence

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Parties

Crown

Respondent

Michael Anthony Timmis

Applicant

Procedural Posture

Application for Leave to Appeal Against Sentence / Leave to Appeal Granted; Appeal Determined

Legal Issues

  1. 1 Whether the sentencing judge erred in approach to taking into account Form 1 offences under Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge applied the correct 'bottom up' approach to taking into account Form 1 offences consistent with the requirements of Part 3 Division 3 of the Crimes (Sentencing Procedure) Act 1999 and relevant authoritative guidance. No error was established in the sentencing discretion, and the sentences were not manifestly excessive given the overall criminality and aggravating features. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.