Regina v DEMIROZ [2004] NSWCCA 334

Regina v DEMIROZ [2004] NSWCCA 334

The sentencing judge exercised proper discretion in refusing to find special circumstances and in setting a non-parole period within the range for a repeat offender with a serious record; the sentence was not manifestly excessive given the applicant’s poor prospects for rehabilitation.

Parties
Respondent: Regina; Applicant: Muammer Demiroz
Jurisdiction
Australia
Judgment Date
27 September 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, but appeal dismissed.
Legal Topics
Sentencing, Special Circumstances for Parole, Prospects of Rehabilitation, Manifestly Excessive Sentence
Criminal Law Sentencing Special Circumstances for Parole Prospects of Rehabilitation Manifestly Excessive Sentence

Case Brief

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Parties

Regina

Respondent

Muammer Demiroz

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing prospects of rehabilitation
  2. 2 Whether the sentencing judge erred in considering the existence of special circumstances for parole
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge exercised proper discretion in refusing to find special circumstances and in setting a non-parole period within the range for a repeat offender with a serious record; the sentence was not manifestly excessive given the applicant’s poor prospects for rehabilitation.

Court Disposition

Leave to appeal granted, but appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.