Struczewski v R [2008] NSWCCA 8

Struczewski v R [2008] NSWCCA 8

The appeal was dismissed because it was open to the sentencing judge to find a measure of planning, partial accumulation was warranted by separate offences on separate days against different victims, and the sentences were not manifestly excessive given the seriousness of the offending, the applicant's extensive criminal history, and the concurrency already allowed.

Jurisdiction
Australia
Judgment Date
01 February 2008
Procedural Posture
Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'take and Drive a Conveyance' 'offences of Dishonesty' 'accumulation of Sentences' 'manifestly Excessive Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'take and Drive a Conveyance' 'offences of Dishonesty' 'accumulation of Sentences' 'manifestly Excessive Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the offences involved planning rather than being opportunistic' 'Whether the sentencing judge erred by partially accumulating sentences rather than making them wholly concurrent' 'Whether the sentences, including the non-parole period, were manifestly excessive']

Ratio Decidendi

The appeal was dismissed because it was open to the sentencing judge to find a measure of planning, partial accumulation was warranted by separate offences on separate days against different victims, and the sentences were not manifestly excessive given the seriousness of the offending, the applicant's extensive criminal history, and the concurrency already allowed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted but the appeal is dismissed.']