R v Hunt [2005] NSWCCA 210

R v Hunt [2005] NSWCCA 210

The sentences for the relevant offences, individually and in aggregate, were within the range of permissible sentencing discretion, the totality principle was properly applied, and one year of parole eligibility was not in error given the evidence and risk of reoffending.

Parties
Respondent: Regina; Applicant: Michael Shane Hunt
Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Totality Principle, Discount for Guilty Pleas, Sexual Offences Against Children, Drug Offences, Child Pornography Offences
Criminal Law Sentencing Totality Principle Discount for Guilty Pleas Sexual Offences Against Children Drug Offences Child Pornography Offences

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Respondent

Michael Shane Hunt

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the individual sentences imposed for counts 2, 3, and 4 are manifestly excessive
  2. 2 Whether the sentencing judge failed to properly apply the totality principle
  3. 3 Whether sufficient time was allowed for parole in the total sentence

Ratio Decidendi

The sentences for the relevant offences, individually and in aggregate, were within the range of permissible sentencing discretion, the totality principle was properly applied, and one year of parole eligibility was not in error given the evidence and risk of reoffending.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed