ABREU v R [2007] NSWCCA 267

ABREU v R [2007] NSWCCA 267

Notwithstanding an identified error in the approach to sentencing in relation to the application of Pearce, the circumstances and seriousness of the applicant's offending, his criminal history, and the total sentence imposed do not justify appellate intervention or a reduction in sentence. Leave to appeal is refused.

Jurisdiction
Australia
Judgment Date
04 September 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Sentence' 'break and Enter' 'larceny' 'totality' 'multiple Offences']
['criminal Law'] ['appeal Against Sentence' 'break and Enter' 'larceny' 'totality' 'multiple Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge incorrectly applied Pearce regarding totality and individualised sentencing for multiple offences' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

Notwithstanding an identified error in the approach to sentencing in relation to the application of Pearce, the circumstances and seriousness of the applicant's offending, his criminal history, and the total sentence imposed do not justify appellate intervention or a reduction in sentence. Leave to appeal is refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']