Hanna v R [2017] NSWCCA 168

Hanna v R [2017] NSWCCA 168

Leave to appeal should be granted but the appeal must be dismissed as there was no evidence that counsel's conduct constituted incompetence, nor that the sentence proceedings miscarried, or resulted in a manifestly excessive sentence; an adjournment was never likely to have been granted and the evidence provided was insufficient to support the ground of appeal.

Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Appeal Against Sentence / Leave to Appeal Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'incompetence of Counsel' 'armed Robbery' 'miscarriage of Justice']
['criminal Law'] ['appeal Against Sentence' 'incompetence of Counsel' 'armed Robbery' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Appeal Against Sentence / Leave to Appeal Granted; Appeal Dismissed

Legal Issues

  1. 1 ['Whether incompetence of counsel led sentencing proceedings to miscarry' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

Leave to appeal should be granted but the appeal must be dismissed as there was no evidence that counsel's conduct constituted incompetence, nor that the sentence proceedings miscarried, or resulted in a manifestly excessive sentence; an adjournment was never likely to have been granted and the evidence provided was insufficient to support the ground of appeal.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']