Upadhyaya v R [2017] NSWCCA 162

Upadhyaya v R [2017] NSWCCA 162

The aggregate sentence imposed was not manifestly excessive, and the sentencing judge did not err by failing to take the compensation direction into account in mitigation. Leave to amend the appeal to raise the mitigation point was refused, leave to appeal otherwise granted, and appeal dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 July 2017
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Post Sentencing
Outcome
Refuse leave to amend; grant leave to appeal; appeal dismissed.
Legal Topics
['sentencing' 'fraud' 'corporate Crime' 'compensation Orders' 'manifest Excess' 'aggregation of Sentences']
['criminal Law'] ['sentencing' 'fraud' 'corporate Crime' 'compensation Orders' 'manifest Excess' 'aggregation of Sentences']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Post Sentencing

Legal Issues

  1. 1 ['Whether the aggregate sentence was manifestly excessive' 'Whether the sentencing judge erred by not taking the compensation order into account in mitigation' 'Appropriateness of using comparative cases in sentencing' 'Mitigation of sentence due to compensation direction']

Ratio Decidendi

The aggregate sentence imposed was not manifestly excessive, and the sentencing judge did not err by failing to take the compensation direction into account in mitigation. Leave to amend the appeal to raise the mitigation point was refused, leave to appeal otherwise granted, and appeal dismissed.

Court Disposition

Refuse leave to amend; grant leave to appeal; appeal dismissed.

Orders

  • ['Refuse leave to amend to add particular (d) of the existing proposed ground of appeal as an additional ground.' 'Grant leave to appeal against sentence.' 'Appeal dismissed.']