R. v Fleming [1999] NSWCCA 142
The sentencing judge properly took into account all relevant subjective and objective circumstances, notably the applicant's rehabilitation prospects and medical condition, and the sentence imposed was within the discretionary range. Thus, while leave to appeal was granted, the appeal was dismissed as the sentence was not manifestly excessive.
- Parties
- Respondent: Regina; Applicant: Nathan Raymond Fleming
- Jurisdiction
- Australia
- Judgment Date
- 09 June 1999
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Robbery With Offensive Weapon, Appeal Against Sentence, Rehabilitation Prospects, Special Circumstances, Sentencing Guidelines
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Nathan Raymond Fleming
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for multiple armed robbery offences was manifestly excessive
- 2 Weight to be given to rehabilitation prospects and special circumstances, including medical condition, in sentencing
Ratio Decidendi
The sentencing judge properly took into account all relevant subjective and objective circumstances, notably the applicant's rehabilitation prospects and medical condition, and the sentence imposed was within the discretionary range. Thus, while leave to appeal was granted, the appeal was dismissed as the sentence was not manifestly excessive.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Leave to appeal against sentence granted.
- Appeal against sentence dismissed.
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