Lambaditis v R [2016] NSWCCA 117
The sentence imposed for manslaughter by unlawful and dangerous act, reflecting both objective gravity and personal circumstances, was well within the permissible range and not manifestly excessive. The sentencing judge properly considered relevant factors and did not err in applying or distinguishing comparative authorities.
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2016
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Leave to appeal against sentence granted; appeal dismissed.
- Legal Topics
- ['sentencing' 'manslaughter by Unlawful and Dangerous Act' 'manifest Excess' 'appeal Against Sentence']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 ['Whether the sentence for manslaughter by unlawful and dangerous act was manifestly excessive' 'Appropriate weight to factors such as provocation, self-defence, specific deterrence, remorse, prospects of rehabilitation, and previous good character' 'Correct application and relevance of comparable cases including Loveridge']
Ratio Decidendi
The sentence imposed for manslaughter by unlawful and dangerous act, reflecting both objective gravity and personal circumstances, was well within the permissible range and not manifestly excessive. The sentencing judge properly considered relevant factors and did not err in applying or distinguishing comparative authorities.
Court Disposition
Leave to appeal against sentence granted; appeal dismissed.
Orders
- ['Leave to appeal against sentence granted' 'Appeal dismissed']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment