PO v R [2020] NSWCCA 129

PO v R [2020] NSWCCA 129

The sentence imposed was within the range available to the sentencing judge and no error has been identified; the applicant's subjective circumstances were appropriately considered, and the imposition of fulltime custody was warranted given the objective seriousness. The appeal ground was not made out.

Parties
Applicant: PO; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision on Leave and Substantive Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Perverting the Course of Justice, Intimidation of Witnesses, Manifestly Excessive Sentence, Objective Seriousness, Subjective Case, Discount for Guilty Plea, Special Circumstances, Fulltime Custody, Imprisonment
Criminal Law Perverting the Course of Justice Intimidation of Witnesses Manifestly Excessive Sentence Objective Seriousness Subjective Case Discount for Guilty Plea Special Circumstances +2 more

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Parties

PO

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision on Leave and Substantive Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether error occurred in the assessment of the objective seriousness of the offending
  3. 3 Whether the applicant's subjective case was adequately considered

Ratio Decidendi

The sentence imposed was within the range available to the sentencing judge and no error has been identified; the applicant's subjective circumstances were appropriately considered, and the imposition of fulltime custody was warranted given the objective seriousness. The appeal ground was not made out.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal be granted.
  • The appeal is dismissed.