Athos v R [2013] NSWCCA 205

Athos v R [2013] NSWCCA 205

While the sentencing judge erred in extending less weight to the applicant's good character simply on the basis of the type of offence, when considering all the circumstances and the seriousness of the offending, no lesser sentence is warranted. The appeal is dismissed despite one ground being upheld, as there is insufficient basis to interfere with the sentence imposed.

Jurisdiction
Australia
Judgment Date
03 September 2013
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'possession of Prohibited Firearms and Weapons' 'sentencing – Weight to Good Character' 'objective Seriousness – Quantity of Firearms' 'assessment of Rehabilitation Prospects' 'parity/disparity With Co Offender']
['criminal Law'] ['appeal Against Sentence' 'possession of Prohibited Firearms and Weapons' 'sentencing – Weight to Good Character' 'objective Seriousness – Quantity of Firearms' 'assessment of Rehabilitation Prospects' 'parity/disparity With Co Offender']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether less weight is to be afforded to good character in firearms offences' 'Whether quantity of firearms increases objective seriousness of individual offences' "Whether there was error in assessing applicant's prospects of rehabilitation" 'Whether there was marked disparity with sentence imposed on co-offender']

Ratio Decidendi

While the sentencing judge erred in extending less weight to the applicant's good character simply on the basis of the type of offence, when considering all the circumstances and the seriousness of the offending, no lesser sentence is warranted. The appeal is dismissed despite one ground being upheld, as there is insufficient basis to interfere with the sentence imposed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence be granted.' 'Appeal dismissed.']