R v MM [2002] NSWCCA 431

R v MM [2002] NSWCCA 431

Where concurrent sentences are imposed for multiple offences, and after a retrial the accused is acquitted on some counts but convicted of the remainder, there is no error in principle in imposing the same total effective sentence, provided each sentence is appropriate to the individual criminality, the totality principle is satisfied, and there is no demonstrated inadequacy or excess. Acquittal on some counts does not, of itself, mandate a reduction in sentence for the remaining convictions.

Jurisdiction
Australia
Judgment Date
01 November 2002
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence After Retrial
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'totality Principle' 'retrial' 'concurrent Sentences' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'totality Principle' 'retrial' 'concurrent Sentences' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence After Retrial

Legal Issues

  1. 1 ['Whether the sentencing judge erred by imposing the same overall sentence after the applicant was convicted of fewer offences at retrial' 'Application of the totality principle in sentencing after acquittal of some counts on retrial' 'Whether fairness or convention required a reduction in sentence following acquittal on some charges at retrial']

Ratio Decidendi

Where concurrent sentences are imposed for multiple offences, and after a retrial the accused is acquitted on some counts but convicted of the remainder, there is no error in principle in imposing the same total effective sentence, provided each sentence is appropriate to the individual criminality, the totality principle is satisfied, and there is no demonstrated inadequacy or excess. Acquittal on some counts does not, of itself, mandate a reduction in sentence for the remaining convictions.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal is granted.' 'Appeal against sentence is dismissed.']