Daniels v Regina [2007] NSWCCA 372

Daniels v Regina [2007] NSWCCA 372

The sentencing judge did not err in considering the applicant's prior record as limiting leniency rather than as an aggravating circumstance, and the sentence imposed was not manifestly excessive.

Parties
Applicant: Michael James Daniels; Respondent: Regina
Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence, Relevance of Prior Record, Manifest Excess in Sentencing
Criminal Law Sentence Relevance of Prior Record Manifest Excess in Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Michael James Daniels

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether sentencing judge erred by treating prior record as an aggravating factor
  2. 2 Whether sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in considering the applicant's prior record as limiting leniency rather than as an aggravating circumstance, and the sentence imposed was not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed