SILVANO v R [2008] NSWCCA 118

SILVANO v R [2008] NSWCCA 118

The injuries suffered by the applicant in prison could not be regarded as extra-curial punishment as there was no evidence they were inflicted as punishment for the offences. The sentencing judge correctly considered the applicable legal principles and the applicant's subjective circumstances, and adopting a strictly mathematical approach to sentencing is not required or appropriate. There was no error by the sentencing judge, and both grounds of appeal fail.

Jurisdiction
Australia
Judgment Date
02 June 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['sentencing' 'murder' 'extra Curial Punishment' 'mathematical Approach to Sentencing']
['criminal Law'] ['sentencing' 'murder' 'extra Curial Punishment' 'mathematical Approach to Sentencing']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to take into account injuries inflicted on the applicant while in prison as extra-curial punishment' 'Whether the sentencing judge failed to give proper weight to the subjective circumstances of the applicant']

Ratio Decidendi

The injuries suffered by the applicant in prison could not be regarded as extra-curial punishment as there was no evidence they were inflicted as punishment for the offences. The sentencing judge correctly considered the applicable legal principles and the applicant's subjective circumstances, and adopting a strictly mathematical approach to sentencing is not required or appropriate. There was no error by the sentencing judge, and both grounds of appeal fail.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal against sentence dismissed.']