R v DILLON [2004] NSWCCA 169

R v DILLON [2004] NSWCCA 169

Although the sentence for breaking, entering and stealing was heavy by comparison with penalties generally imposed, the appellant was a recidivist who offended while on conditional liberty, had not been deterred by prior penalties, had doubtful prospects of rehabilitation, and also committed a serious offensive weapon offence. The sentences were within the legitimate exercise of the sentencing judge's discretion.

Jurisdiction
Australia
Judgment Date
26 May 2004
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'use Offensive Weapon to Prevent Lawful Apprehension' 'conditional Liberty' 'prior Offending' 'protection of the Community' 'manifest Excess']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'use Offensive Weapon to Prevent Lawful Apprehension' 'conditional Liberty' 'prior Offending' 'protection of the Community' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentences imposed for breaking, entering and stealing and using an offensive weapon with intent to prevent lawful apprehension were excessive.' "Whether the sentencing judge erred by imposing a heavy sentence in light of the appellant's prior offending, offending while on conditional liberty, and prospects of rehabilitation."]

Ratio Decidendi

Although the sentence for breaking, entering and stealing was heavy by comparison with penalties generally imposed, the appellant was a recidivist who offended while on conditional liberty, had not been deterred by prior penalties, had doubtful prospects of rehabilitation, and also committed a serious offensive weapon offence. The sentences were within the legitimate exercise of the sentencing judge's discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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