Suman v R [2013] NSWCCA 3
The sentencing judge did not err in adopting a tiered or mathematical approach, properly applied the totality principle, and was within discretion to order the sentence for dealing with the proceeds of crime be wholly consecutive; the overall sentence, though stern, was not manifestly excessive.
- Parties
- Applicant: Nirmal Suman; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 01 February 2013
- Procedural Posture
- Criminal Appeal / Leave to Appeal Sentence
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Sentencing, Totality Principle, Manifest Excess, Accumulation of Sentences, Supply of Prohibited Drugs, Firearms Offences, Dealing With Proceeds of Crime, Receiving Stolen Property
Case Brief
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Parties
Nirmal Suman
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Sentence
Legal Issues
- 1 Whether the sentencing judge erred by adopting an impermissible tiered or mathematical approach
- 2 Whether the sentencing judge erred in the exercise of the discretion as to the degree of accumulation between sentences
- 3 Whether the aggregate sentence was manifestly excessive
Ratio Decidendi
The sentencing judge did not err in adopting a tiered or mathematical approach, properly applied the totality principle, and was within discretion to order the sentence for dealing with the proceeds of crime be wholly consecutive; the overall sentence, though stern, was not manifestly excessive.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed
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