REGINA v MRISH [2000] NSWCCA 17

REGINA v MRISH [2000] NSWCCA 17

The Court held that the sentences were not excessive, no special circumstances justified departure from the statutory relationship, and the sentencing judge had expressly taken prior custody into account when fixing both total and minimum terms. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 February 2000
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal From Sentences Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'leave to Appeal Against Sentence' 'exceptional Circumstances' 'special Circumstances' 'perverting the Course of Justice' 'firearms Offences' 'prior Custody']
['criminal Law'] ['sentencing' 'leave to Appeal Against Sentence' 'exceptional Circumstances' 'special Circumstances' 'perverting the Course of Justice' 'firearms Offences' 'prior Custody']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal From Sentences Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentences imposed for possessing a firearm and two counts of intentionally perverting the course of justice were excessive.' 'Whether the sentencing judge failed to address or apply special circumstances under s5(2) of the Sentencing Act 1989.' 'Whether the sentencing judge failed to take into account in an appropriate manner the time spent in custody before conviction.']

Ratio Decidendi

The Court held that the sentences were not excessive, no special circumstances justified departure from the statutory relationship, and the sentencing judge had expressly taken prior custody into account when fixing both total and minimum terms. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']