Achetraritei, Mircea v the Queen [1984] FCA 80

Achetraritei, Mircea v the Queen [1984] FCA 80

The sentencing judge did not err in the exercise of discretion or in the weighting of factors for and against the appellant; the sentence was not manifestly excessive. A recommendation for deportation is not 'sentence' within the meaning of the relevant Federal legislation and does not give rise to an appeal right in this context.

Parties
Appellant: Mircea Achetraritei; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
02 April 1984
Procedural Posture
Criminal Appeal / Appeal Against Sentence From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed
Legal Topics
Armed Robbery, Sentencing Severity Appeal, Deportation Recommendation
Criminal Law Armed Robbery Sentencing Severity Appeal Deportation Recommendation

Case Brief

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Parties

Mircea Achetraritei

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether sentence for armed robbery was manifestly excessive or failed to reflect subjective factors and mitigating circumstances
  2. 2 Whether a recommendation for deportation constitutes a 'sentence' from which an appeal lies to the Federal Court

Ratio Decidendi

The sentencing judge did not err in the exercise of discretion or in the weighting of factors for and against the appellant; the sentence was not manifestly excessive. A recommendation for deportation is not 'sentence' within the meaning of the relevant Federal legislation and does not give rise to an appeal right in this context.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.