Browning v R [2015] NSWCCA 147

Browning v R [2015] NSWCCA 147

The appeal was allowed solely to correct the error in the sentence commencement date, not due to any identified legal or discretionary error in the sentencing judgment. The court found it was open to the sentencing judge to find mid-range objective seriousness and to disregard a direct causal connection between depressive illness and offending; mitigating factors were considered appropriately; and the conduct regarding seeking Crown opinion did not result in appealable error.

Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Post Sentencing Appeal
Outcome
Application for leave to appeal granted; appeal allowed for correction of error in commencement date only.
Legal Topics
['sentencing' 'domestic Violence' 'appeal of Sentence' 'mitigating Factors' 'seriousness of Offence' 'mental Health in Sentencing' 'procedural Error']
['criminal Law'] ['sentencing' 'domestic Violence' 'appeal of Sentence' 'mitigating Factors' 'seriousness of Offence' 'mental Health in Sentencing' 'procedural Error']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Post Sentencing Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the offence was of mid-range seriousness' "Whether there was error in finding no connection between the applicant's offending and depressive illness" 'Whether mitigating factors were considered' 'Whether the judge erred in inviting the Crown to provide opinion as to sentence' 'Whether the sentence was manifestly excessive' 'Correction of sentence commencement date']

Ratio Decidendi

The appeal was allowed solely to correct the error in the sentence commencement date, not due to any identified legal or discretionary error in the sentencing judgment. The court found it was open to the sentencing judge to find mid-range objective seriousness and to disregard a direct causal connection between depressive illness and offending; mitigating factors were considered appropriately; and the conduct regarding seeking Crown opinion did not result in appealable error.

Court Disposition

Application for leave to appeal granted; appeal allowed for correction of error in commencement date only.

Orders

  • ['Application for leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed by Ellis DCJ in the District Court of NSW on 2 May 2014 set aside.' 'Applicant sentenced to imprisonment for 7 years and 6 months commencing 5 April 2013 and expiring 4 October 2020.' 'Non-parole period of 4 years commencing 5 April 2013...