REGINA v. MARSHALL [2002] NSWCCA 311

REGINA v. MARSHALL [2002] NSWCCA 311

There was no error of discretion established in the sentencing process and the sentence imposed was not manifestly excessive in the circumstances; application for leave to appeal granted, but appeal dismissed.

Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'multiple Offences' 'breaches of Recognizances' 'sentencing' 'deterrence' 'manifestly Excessive Sentence']
['criminal Law'] ['appeal Against Sentence' 'multiple Offences' 'breaches of Recognizances' 'sentencing' 'deterrence' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive given the circumstances and objective criminality of the offence' 'Whether the sentencing judge erred in the calculation of the starting point for sentencing' 'Appropriateness of the sentences imposed for breaches of bonds/recognizances']

Ratio Decidendi

There was no error of discretion established in the sentencing process and the sentence imposed was not manifestly excessive in the circumstances; application for leave to appeal granted, but appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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