Clinton v R [2014] NSWCCA 320

Clinton v R [2014] NSWCCA 320

The appeal was dismissed because the sentencing judge considered the possibility of summary disposal and was entitled to find the matters should not have been dealt with in the Local Court; any greater discount for the two Local Court pleas would not have affected the overall sentence because those sentences were wholly concurrent; the finding of continuing disobedience and emphasis on specific deterrence were open on the applicant's history of domestic violence offending, breaches of apprehended violence orders and later threatening conduct; the applicant's youth, good character and medical history were expressly considered; and the total sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'manifest Excess' 'guilty Plea Discount' 'specific Deterrence' 'young Offenders' 'subjective Circumstances' 'summary Disposal of Indictable Matters' 'apprehended Violence Order Breach']
['criminal Law' 'sentencing' 'domestic Violence'] ['appeal Against Sentence' 'manifest Excess' 'guilty Plea Discount' 'specific Deterrence' 'young Offenders' 'subjective Circumstances' 'summary Disposal of Indictable Matters' 'apprehended Violence Order Breach']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in rejecting the possibility that the charges could have been dealt with summarily as a circumstance reducing sentence.' 'Whether the sentencing judge erred in adopting an averaging approach to the reduction for pleas of guilty.' 'Whether the sentencing judge erred in finding that the applicant showed a continuing attitude of disobedience warranting emphasis on specific deterrence.' "Whether the sentencing judge failed to take into account or sufficiently take into account the applicant's subjective circumstances, including youth, good character and disability." 'Whether the total sentence imposed was unduly harsh or severe.']

Ratio Decidendi

The appeal was dismissed because the sentencing judge considered the possibility of summary disposal and was entitled to find the matters should not have been dealt with in the Local Court; any greater discount for the two Local Court pleas would not have affected the overall sentence because those sentences were wholly concurrent; the finding of continuing disobedience and emphasis on specific deterrence were open on the applicant's history of domestic violence offending, breaches of apprehended violence orders and later threatening conduct; the applicant's youth, good character and medical history were expressly considered; and the total sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']