Regina v Paulo NIKAU [1999] NSWCCA 322

Regina v Paulo NIKAU [1999] NSWCCA 322

Cause has not been shown to interfere with the sentence imposed below; when all subjective circumstances are taken into account, the sentence is not manifestly excessive given the grave objective criminality.

Jurisdiction
Australia
Judgment Date
13 October 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; by majority, appeal against sentence dismissed.
Legal Topics
['manslaughter' 'malicious Wounding' 'sentence Appeal' 'manifest Excess' 'youth as Mitigating Factor']
['criminal Law'] ['manslaughter' 'malicious Wounding' 'sentence Appeal' 'manifest Excess' 'youth as Mitigating Factor']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for manslaughter and malicious wounding was manifestly excessive' "Whether the applicant's youth and background should have led to further mitigation of sentence"]

Ratio Decidendi

Cause has not been shown to interfere with the sentence imposed below; when all subjective circumstances are taken into account, the sentence is not manifestly excessive given the grave objective criminality.

Court Disposition

Leave to appeal against sentence granted; by majority, appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'By majority, appeal against sentence dismissed']