R v Elleissey [1999] NSWCCA 299

R v Elleissey [1999] NSWCCA 299

No error or question of principle identified; the sentence, considering the record, aggravating circumstances, and accumulation, could not be regarded as manifestly excessive. Accumulation and non-credit for custody were appropriate.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'appeal Against Sentence' 'armed Robbery' 'manifestly Excessive' 'pre Sentence Custody Credit']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'armed Robbery' 'manifestly Excessive' 'pre Sentence Custody Credit']

Source-derived case record

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence for armed robbery was manifestly excessive' 'Whether the applicant should have received credit for pre-sentence custody while serving other sentences']

Ratio Decidendi

No error or question of principle identified; the sentence, considering the record, aggravating circumstances, and accumulation, could not be regarded as manifestly excessive. Accumulation and non-credit for custody were appropriate.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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