Amante v R [2020] NSWCCA 34

Amante v R [2020] NSWCCA 34

The sentencing judge's findings regarding the fire's structural risk and the applicant's untreated mental health and need for specific deterrence were open on the evidence and did not result in error; there was no denial of procedural fairness.

Parties
Applicant: Michale Amante; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Application for leave to appeal against sentence granted; appeal dismissed
Legal Topics
Sentencing, Appeal Against Sentence, Role of Judicial Notice on Sentence, Specific and General Deterrence, Mental Health and Criminal Responsibility, Use of Photographic Evidence
Criminal Law Sentencing Appeal Against Sentence Role of Judicial Notice on Sentence Specific and General Deterrence Mental Health and Criminal Responsibility Use of Photographic Evidence

Case Brief

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Parties

Michale Amante

Applicant

Regina

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether sentencing judge erred in taking judicial notice regarding the structural risk posed by fire to a building
  2. 2 Whether sentencing judge erred in treating the applicant's mental health as largely unresolved and untreated for the purpose of sentencing (specific deterrence)
  3. 3 Whether applicant was denied procedural fairness regarding findings on mental health

Ratio Decidendi

The sentencing judge's findings regarding the fire's structural risk and the applicant's untreated mental health and need for specific deterrence were open on the evidence and did not result in error; there was no denial of procedural fairness.

Court Disposition

Application for leave to appeal against sentence granted; appeal dismissed

Orders

  • Application for leave to appeal against sentence is granted.
  • The appeal is dismissed.