Saban v Regina [2007] NSWCCA 139

Saban v Regina [2007] NSWCCA 139

It was open to the sentencing Judge to find limited prospects of rehabilitation and impose a sentence in the given range in light of the offender's serious criminality, offending while on parole, and significant criminal record, notwithstanding his tragic personal background. The sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
16 May 2007
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Application for Leave to Appeal Severity of Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'robbery' 'aggravating Factors' 'form 1 Offences' 'manifest Excess' 'prospects of Rehabilitation' 'personal and General Deterrence']
['criminal Law'] ['sentencing' 'robbery' 'aggravating Factors' 'form 1 Offences' 'manifest Excess' 'prospects of Rehabilitation' 'personal and General Deterrence']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Application for Leave to Appeal Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether sufficient weight was given to the applicant's subjective circumstances, including background and prospects of rehabilitation"]

Ratio Decidendi

It was open to the sentencing Judge to find limited prospects of rehabilitation and impose a sentence in the given range in light of the offender's serious criminality, offending while on parole, and significant criminal record, notwithstanding his tragic personal background. The sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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