Ninness v R [2014] NSWCCA 288

Ninness v R [2014] NSWCCA 288

The sentencing judge did not err in findings regarding the Applicant's mental condition, gave appropriate (not determinative) weight to the standard non-parole period, properly considered the objective seriousness of the offences, and imposed sentences within the appropriate range; accordingly, the appeal was dismissed.

Parties
Applicant: Peter Charles Ninness; Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Supply Prohibited Drugs, Knowingly Deal With Proceeds of Crime, Sentencing, Aggregate Sentence, Mental Condition (adhd) and Sentencing, Standard Non Parole Period, Objective Seriousness, Manifestly Excessive Sentence
Criminal Law Supply Prohibited Drugs Knowingly Deal With Proceeds of Crime Sentencing Aggregate Sentence Mental Condition (adhd) and Sentencing Standard Non Parole Period Objective Seriousness +1 more

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Parties

Peter Charles Ninness

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in findings regarding the Applicant's mental condition (ADHD) and its relevance to sentencing
  2. 2 Whether the sentencing judge gave determinative significance to the standard non-parole period
  3. 3 Whether the sentencing judge failed to properly assess the objective seriousness of the offences

Ratio Decidendi

The sentencing judge did not err in findings regarding the Applicant's mental condition, gave appropriate (not determinative) weight to the standard non-parole period, properly considered the objective seriousness of the offences, and imposed sentences within the appropriate range; accordingly, the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.