REGINA v MARINELLIS [2001] NSWCCA 328

REGINA v MARINELLIS [2001] NSWCCA 328

The offence was serious, involving persistent attempts to procure false alibi evidence and corrupt others, justifying a custodial sentence. The sentencing judge did not err in his assessment of the applicant's mental state or the objective seriousness of the offences, and the sentence imposed was well within the discretion available.

Parties
Respondent: The Crown; Applicant: Nikolaos Marinellis
Jurisdiction
Australia
Judgment Date
06 July 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
leave to appeal granted, appeal dismissed
Legal Topics
Sentencing, Perverting the Course of Justice, Appeal Against Sentence
Criminal Law Sentencing Perverting the Course of Justice Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Respondent

Nikolaos Marinellis

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge properly considered the applicant's psychiatric condition
  3. 3 Whether the applicant's culpability was diminished by alleged wrongful accusations

Ratio Decidendi

The offence was serious, involving persistent attempts to procure false alibi evidence and corrupt others, justifying a custodial sentence. The sentencing judge did not err in his assessment of the applicant's mental state or the objective seriousness of the offences, and the sentence imposed was well within the discretion available.

Court Disposition

leave to appeal granted, appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed