Romeo v R [2020] NSWCCA 221

Romeo v R [2020] NSWCCA 221

The sentencing judge's assessment that the offence fell at least within the middle range of objective seriousness was open and not affected by error; the applicant's involvement was profound and not limited; the sentence was not unreasonable or plainly unjust and was within the range of available sentences for such offending.

Parties
Applicant: Nicola Romeo; Respondent: Regina
Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Sentence Appeal / Court of Criminal Appeal Decision Following Grant of Leave
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Solicit to Murder, Objective Seriousness, Manifest Excess, Mitigating Factors, Aggravating Factors
Criminal Law Sentence Appeal Solicit to Murder Objective Seriousness Manifest Excess Mitigating Factors Aggravating Factors

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Parties

Nicola Romeo

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Court of Criminal Appeal Decision Following Grant of Leave

Legal Issues

  1. 1 Whether the sentence for solicit to murder was in error regarding objective seriousness
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's assessment that the offence fell at least within the middle range of objective seriousness was open and not affected by error; the applicant's involvement was profound and not limited; the sentence was not unreasonable or plainly unjust and was within the range of available sentences for such offending.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.