Vossos v R [2016] NSWCCA 262

Vossos v R [2016] NSWCCA 262

The ground was not made out because the evidence of the applicant's reduced intellectual functioning was of limited significance, there was no evidence of a causal connection between that impairment and the offending sufficient to reduce moral culpability, and the further ways in which the impairment was said to affect sentence were not raised before the sentencing judge. The sentencing judge's failure to refer specifically to the psychologist's report or moral culpability did not establish sentencing error.

Jurisdiction
Australia
Judgment Date
25 November 2016
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW
Outcome
Leave to appeal refused.
Legal Topics
['supply Prohibited Drug' 'leave to Appeal Against Sentence' 'limited Intellectual Capacity' 'impaired Cognitive Functioning' 'moral Culpability' 'general Deterrence' 'form 1 Offences']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'leave to Appeal Against Sentence' 'limited Intellectual Capacity' 'impaired Cognitive Functioning' 'moral Culpability' 'general Deterrence' 'form 1 Offences']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to take into account the applicant's limited intellectual capacity and impaired cognitive functioning." "Whether the evidence established a causal connection between the applicant's impaired intellectual functioning and the offending so as to reduce moral culpability." 'Whether the applicant could rely on sentencing submissions on appeal that were not put to the sentencing judge.']

Ratio Decidendi

The ground was not made out because the evidence of the applicant's reduced intellectual functioning was of limited significance, there was no evidence of a causal connection between that impairment and the offending sufficient to reduce moral culpability, and the further ways in which the impairment was said to affect sentence were not raised before the sentencing judge. The sentencing judge's failure to refer specifically to the psychologist's report or moral culpability did not establish sentencing error.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal is refused.']