Regina v Peter Sidirourgos [2004] NSWCCA 274
The sentencing judge gave due consideration to the relevant delay and separation of charges. The weight given to those matters was not outside the bounds of proper discretion. Accordingly, the sentence was not shown to be in error and should not be disturbed.
- Parties
- Prosecutor: Regina; Applicant: Peter Sidirourgos
- Jurisdiction
- Australia
- Judgment Date
- 10 August 2004
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal
- Outcome
- Leave to appeal granted; appeal against sentence dismissed.
- Legal Topics
- Appeal Against Sentence, Failure to Report Serious Indictable Offence, Weight Given to Delay in Sentencing, Sentencing Discretion
Case Brief
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Parties
Regina
Prosecutor
Peter Sidirourgos
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal
Legal Issues
- 1 Did the sentencing judge err by failing to give sufficient weight to the effect of delay in the determination of sentence?
- 2 Was the sentence manifestly excessive having regard to sentencing principles and the relevant delay?
Ratio Decidendi
The sentencing judge gave due consideration to the relevant delay and separation of charges. The weight given to those matters was not outside the bounds of proper discretion. Accordingly, the sentence was not shown to be in error and should not be disturbed.
Court Disposition
Leave to appeal granted; appeal against sentence dismissed.
Orders
- Leave to appeal granted.
- Appeal against sentence dismissed.
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