Jones v R [2016] NSWCCA 230

Jones v R [2016] NSWCCA 230

A custodial sentence for the prohibited weapon charge was open and appropriate, given the seriousness of the weapon, and the aggregate sentence reflected the totality of the criminality involved. Accordingly, there was no error in the indicative or aggregate sentences.

Jurisdiction
Australia
Judgment Date
21 October 2016
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'supplying Prohibited Drug' 'dealing With Proceeds of Crime' 'possessing Prohibited Weapon' 'aggregate Sentence' 'indicative Sentences' 'manifestly Excessive Sentence']
['criminal Law'] ['sentence Appeal' 'supplying Prohibited Drug' 'dealing With Proceeds of Crime' 'possessing Prohibited Weapon' 'aggregate Sentence' 'indicative Sentences' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the aggregate sentence was manifestly excessive' 'Whether a custodial sentence was warranted for possessing a prohibited weapon']

Ratio Decidendi

A custodial sentence for the prohibited weapon charge was open and appropriate, given the seriousness of the weapon, and the aggregate sentence reflected the totality of the criminality involved. Accordingly, there was no error in the indicative or aggregate sentences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']