See v R [2017] NSWCCA 165

See v R [2017] NSWCCA 165

The sentencing judge correctly applied the totality principle and gave proper regard to the delay and interstate sentence; adequately considered mental illness, remorse, and rehabilitation prospects; and the sentence imposed was within the sentencing discretion and not manifestly excessive. Each ground of appeal was not established and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
14 July 2017
Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal and Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'totality Principle' 'mental Illness in Sentencing' 'remorse in Sentencing' 'rehabilitation Prospects' 'manifest Excess' 'firearms Offences' 'break and Enter Offences' 'dealing With Proceeds of Crime']
['criminal Law'] ['appeal Against Sentence' 'totality Principle' 'mental Illness in Sentencing' 'remorse in Sentencing' 'rehabilitation Prospects' 'manifest Excess' 'firearms Offences' 'break and Enter Offences' 'dealing With Proceeds of Crime']

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Procedural Posture

Appeal Against Sentence / Application for Leave to Appeal and Determination

Legal Issues

  1. 1 ['Whether sentencing judge gave sufficient regard to Victorian offences and delay under totality principles' "Whether sentencing judge adequately took into account applicant's mental abnormality" "Whether sentencing judge adequately considered applicant's remorse and prospects of rehabilitation" 'Whether the sentence is manifestly excessive']

Ratio Decidendi

The sentencing judge correctly applied the totality principle and gave proper regard to the delay and interstate sentence; adequately considered mental illness, remorse, and rehabilitation prospects; and the sentence imposed was within the sentencing discretion and not manifestly excessive. Each ground of appeal was not established and the appeal must be dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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