Paese v R [2010] NSWCCA 178
No error is demonstrated in the sentencing judge's approach; the sentence imposed, although severe, reflected both objective and subjective aggravating features, particularly commission while on parole, serious criminal history, and use of force; sentencing statistics do not displace the appropriateness of the sentence given these factors.
- Jurisdiction
- Australia
- Judgment Date
- 02 September 2010
- Procedural Posture
- Criminal Appeal / Sentence Appeal (severity)
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['appeal Against Severity of Sentence' 'break and Enter' 'use of Sentencing Statistics' 'manifestly Excessive Sentence' 'comparison With Aggravated Offence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Sentence Appeal (severity)
Legal Issues
- 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the sentencing judge erred in treating the case as within the upper range of seriousness' 'Appropriate use of sentencing statistics in assessing sentence severity' 'Whether sentence imposed reflected the aggravated form of the offence']
Ratio Decidendi
No error is demonstrated in the sentencing judge's approach; the sentence imposed, although severe, reflected both objective and subjective aggravating features, particularly commission while on parole, serious criminal history, and use of force; sentencing statistics do not displace the appropriateness of the sentence given these factors.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
Full Case Text
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