OGC v R [2016] NSWCCA 254

OGC v R [2016] NSWCCA 254

The sentencing judge was entitled to conclude on the evidence, including the applicant's own testimony, that the applicant had not demonstrated remorse or contrition and had focused on self-interest and the consequences for himself and his family. The proposed evidence of assistance to police was new, not fresh, was available at the sentencing hearing, and was not adduced because of an unexplained forensic decision. No miscarriage of justice was shown. In any event, the alleged assistance was of little value and would not have led to a different sentencing outcome.

Jurisdiction
Australia
Judgment Date
21 November 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Application for Leave to Adduce Evidence on Appeal
Outcome
Leave to appeal against sentence granted; leave to adduce evidence refused; appeal dismissed.
Legal Topics
['manifestly Excessive Sentence' 'remorse and Contrition' 'assistance to Authorities' 'fresh or New Evidence on Appeal' 'miscarriage of Justice' 'drug Supply' 'firearms Offences']
['criminal Law' 'sentencing' 'evidence'] ['manifestly Excessive Sentence' 'remorse and Contrition' 'assistance to Authorities' 'fresh or New Evidence on Appeal' 'miscarriage of Justice' 'drug Supply' 'firearms Offences']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Application for Leave to Adduce Evidence on Appeal

Legal Issues

  1. 1 ["Whether the sentence imposed was manifestly excessive by reason of the sentencing judge's finding that there was no evidence of remorse and contrition." 'Whether leave should be granted to adduce evidence on appeal concerning assistance allegedly provided to police.' 'Whether a miscarriage of justice occurred because evidence of assistance to police was not adduced at the sentencing hearing.' 'Whether evidence of assistance to police would have led to a different sentencing outcome.']

Ratio Decidendi

The sentencing judge was entitled to conclude on the evidence, including the applicant's own testimony, that the applicant had not demonstrated remorse or contrition and had focused on self-interest and the consequences for himself and his family. The proposed evidence of assistance to police was new, not fresh, was available at the sentencing hearing, and was not adduced because of an unexplained forensic decision. No miscarriage of justice was shown. In any event, the alleged assistance was of little value and would not have led to a different sentencing outcome.

Court Disposition

Leave to appeal against sentence granted; leave to adduce evidence refused; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Refuse leave to adduce evidence in the appeal.' 'Dismiss the appeal.']