Regina v Ensby [2004] NSWCCA 196

Regina v Ensby [2004] NSWCCA 196

The objective gravity of the applicant's conduct and relevant personal circumstances meant the sentence was within the range of a sound sentencing discretion; no error was demonstrated in the treatment of health or in refusing to find special circumstances.

Jurisdiction
Australia
Judgment Date
24 June 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'assault With Offensive Weapon' 'special Circumstances' 'excessive Sentence']
['criminal Law'] ['sentencing' 'assault With Offensive Weapon' 'special Circumstances' 'excessive Sentence']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence was excessive for assault with an offensive weapon' "Whether the sentencing judge failed to give appropriate weight to the applicant's health, antecedents, and rehabilitation prospects" 'Whether the sentencing judge erred in not finding special circumstances']

Ratio Decidendi

The objective gravity of the applicant's conduct and relevant personal circumstances meant the sentence was within the range of a sound sentencing discretion; no error was demonstrated in the treatment of health or in refusing to find special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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