PB v R [2016] NSWCCA 258
While error was established in failing to expressly state assessment of objective seriousness and indicate non-parole periods for certain counts, and in handling Form 1 offences, no lesser sentence was warranted in law and the aggregate sentence was not manifestly excessive. The appeal was dismissed though leave to appeal was granted.
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2016
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Sentence; Appellate Determination
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['sentence Appeal' 'sentencing Principles' 'aggregate Sentencing' 'form 1 Offences' 'totality' 'objective Seriousness' 'standard Non Parole Period' 'representative Charges']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Determination
Legal Issues
- 1 ['Whether the sentencing judge failed to assess the criminality of counts 2–5 and failed to address the effect of Form 1 offences on certain counts in arriving at indicative sentences' 'Whether the aggregate sentence was manifestly excessive']
Ratio Decidendi
While error was established in failing to expressly state assessment of objective seriousness and indicate non-parole periods for certain counts, and in handling Form 1 offences, no lesser sentence was warranted in law and the aggregate sentence was not manifestly excessive. The appeal was dismissed though leave to appeal was granted.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted' 'Appeal dismissed']
Full Case Text
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