Lechmana v R [2019] NSWCCA 112

Lechmana v R [2019] NSWCCA 112

Muldrock error was not established; the sentencing judge did not give primary or determinative significance to the standard non-parole period and undertook instinctive synthesis. Consequently, the sentence imposed was appropriate, and no lesser sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed; extension of time granted
Legal Topics
['sentencing' 'appeals' 'standard Non Parole Period' 'muldrock Error' 'instinctive Synthesis' 'moral Culpability' 'domestic Violence']
['criminal Law'] ['sentencing' 'appeals' 'standard Non Parole Period' 'muldrock Error' 'instinctive Synthesis' 'moral Culpability' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge fell into Muldrock error' 'Whether the sentencing judge correctly undertook instinctive synthesis' 'Whether a lesser sentence is warranted']

Ratio Decidendi

Muldrock error was not established; the sentencing judge did not give primary or determinative significance to the standard non-parole period and undertook instinctive synthesis. Consequently, the sentence imposed was appropriate, and no lesser sentence was warranted in law.

Court Disposition

leave to appeal granted; appeal dismissed; extension of time granted

Orders

  • ['Time for bringing the application for leave to appeal is extended to 30 October 2018' 'Grant leave to appeal' 'Appeal dismissed']