Dagdanasar v R [2010] NSWCCA 310

Dagdanasar v R [2010] NSWCCA 310

The Court found no error in applying a 15% discount to the aggregate sentence, upheld the sentencing judge’s assessment of objective seriousness (including considering vehicle value), held there was no obligation to refer to summary disposal due to the offence’s seriousness and record, and found the sentence for the second count not manifestly excessive.

Parties
Applicant: Mustafa Dagdanasar; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Objective Seriousness, Discount for Guilty Pleas, Manifest Excess, Summary Disposal, Assessment of Property Value
Criminal Law Sentencing Objective Seriousness Discount for Guilty Pleas Manifest Excess Summary Disposal Assessment of Property Value

Case Brief

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Parties

Mustafa Dagdanasar

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in not giving a discount for guilty pleas under s 166 certificate.
  2. 2 Whether the sentencing judge erred in assessment of the objective seriousness of the second count (driving conveyance without consent).
  3. 3 Whether the sentencing judge erred in not considering the possibility of summary disposal in the Local Court.

Ratio Decidendi

The Court found no error in applying a 15% discount to the aggregate sentence, upheld the sentencing judge’s assessment of objective seriousness (including considering vehicle value), held there was no obligation to refer to summary disposal due to the offence’s seriousness and record, and found the sentence for the second count not manifestly excessive.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against sentence be granted.
  • Appeal dismissed.