Aldous v R [2012] NSWCCA 153
The sentencing judge did not err in treating the standard non-parole period as a guidepost, correctly assessed the offence as more than slightly below the middle of the range of objective seriousness based on the facts and injuries, and imposed a sentence within the appropriate range. No error or manifest excess was demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 23 August 2012
- Procedural Posture
- Criminal Sentence Appeal / Court of Criminal Appeal Judgment on Application for Leave and Appeal on Sentence
- Outcome
- Leave to appeal granted. Appeal dismissed.
- Legal Topics
- ['sentencing' 'wounding With Intent' 'objective Seriousness' 'standard Non Parole Period' 'manifest Excess' 'glassing']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Judgment on Application for Leave and Appeal on Sentence
Legal Issues
- 1 ['Whether the sentencing judge erred by giving determinative or primary consideration to the standard non-parole period' 'Whether the sentencing judge erred in the assessment of the objective criminality of the offending conduct' 'Whether the sentence was manifestly excessive']
Ratio Decidendi
The sentencing judge did not err in treating the standard non-parole period as a guidepost, correctly assessed the offence as more than slightly below the middle of the range of objective seriousness based on the facts and injuries, and imposed a sentence within the appropriate range. No error or manifest excess was demonstrated.
Court Disposition
Leave to appeal granted. Appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
Full Case Text
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