R v Newman, R v Simpson [2004] NSWCCA 102

R v Newman, R v Simpson [2004] NSWCCA 102

Although the sentencing judge did not explicitly refer to the Fernando principles or Aboriginality, on the facts, there was either insufficient evidence of their particular relevance or no resulting miscarriage of discretion; the discounts for pre-sentence custody and guilty pleas were considered, and the sentences, while at the upper end, were within the permissible discretionary range. The applications for leave to appeal against sentence were granted but the appeals were dismissed.

Jurisdiction
Australia
Judgment Date
19 April 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Applications for leave to appeal granted but appeals dismissed.
Legal Topics
['sentencing Principles' 'application of Fernando Principles' 'pre Sentence Custody' 'commencement Date of Sentence' 'views of Victim on Sentence' 'parity' 'general Deterrence']
['criminal Law' 'sentencing'] ['sentencing Principles' 'application of Fernando Principles' 'pre Sentence Custody' 'commencement Date of Sentence' 'views of Victim on Sentence' 'parity' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not applying the Fernando principles regarding Aboriginality and disadvantage' 'Whether the sentencing judge failed to properly take into account pre-sentence custody when fixing the non-parole period' 'Whether the sentences were manifestly excessive' 'Whether there was parity in sentencing between co-offenders' "Relevance of the victim's views on sentence"]

Ratio Decidendi

Although the sentencing judge did not explicitly refer to the Fernando principles or Aboriginality, on the facts, there was either insufficient evidence of their particular relevance or no resulting miscarriage of discretion; the discounts for pre-sentence custody and guilty pleas were considered, and the sentences, while at the upper end, were within the permissible discretionary range. The applications for leave to appeal against sentence were granted but the appeals were dismissed.

Court Disposition

Applications for leave to appeal granted but appeals dismissed.

Orders

  • ['Applications for leave to appeal are granted.' 'Appeals against sentence are dismissed.']