R v SKORNIA [2000] NSWCCA 422

R v SKORNIA [2000] NSWCCA 422

Leave was refused because the sentencing judge's finding of some planning was open, there was no error in the treatment of the applicant's criminal history, the applicant's expected higher security classification or segregation did not require a lesser sentence, and the sentence imposed for a serious break, enter and steal offence involving substantial property loss was within the normal range.

Jurisdiction
Australia
Judgment Date
11 October 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal against sentence is refused.
Legal Topics
['break, Enter and Steal' 'manifestly Excessive Sentence' 'planning' 'antecedent Criminal History' 'conditional Liberty' 'prison Custody Conditions']
['criminal Law' 'sentencing' 'criminal Appeals'] ['break, Enter and Steal' 'manifestly Excessive Sentence' 'planning' 'antecedent Criminal History' 'conditional Liberty' 'prison Custody Conditions']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive.' 'Whether it was open to find that the offence involved some significant degree of planning.' "Whether the sentencing judge gave inappropriate weight to the applicant's criminal history." 'Whether the sentencing judge erred by failing to have regard to the type of custody in which the applicant would be held.']

Ratio Decidendi

Leave was refused because the sentencing judge's finding of some planning was open, there was no error in the treatment of the applicant's criminal history, the applicant's expected higher security classification or segregation did not require a lesser sentence, and the sentence imposed for a serious break, enter and steal offence involving substantial property loss was within the normal range.

Court Disposition

Leave to appeal against sentence is refused.

Orders

  • ['Leave to appeal against sentence is refused.']